Am I a residential or non-residential alien with my current postdoc J1 visa? Entered the US on 26/07/2017. I am German and two J1 visas previously.

[annabehrens]

I had a J1 Visa in 2004 where I went to high school in the US.

I had another J1 Visa for 4 months in 2011 (paid job at a US university).

I now have a J1 visa for three years (Paid postdoc at a biotech company in Boston). Entered the US 26/07/2017. 

[Carl]

@bine22 not sure, but I think this is your area of knowledge when it comes to J1 Visas.

[bine22 · Accepted solution]

there is a rule called the 6 year lookback rule. That means if you were exempt from counting days towards the substantial presence test for 2 out of the last 6 years, you cannot be exempt again (this is for J1 visas). So your two years would be 2017 and 2018. So for 2017 and 2018, you are a nonresident alien. In 2019 you would use the substantial presence test to determine residency.

[annabehrens]

thanks! just in general wondering about the US tax system - if I ever make a mistake classifying myself as a NRA or residential alien or other let's say deduction on a W-4 form, is anyone going to check this at some point? When I do my tax return?

[bine22]

The W4 is only relevant for withholdings. So if you filled that out wrong, you might end up owing a lot of taxes in the end (especially if you are an NRA and filled it out as an RA).

[bine22]

You can also change the W4 during the year.