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ladyannjf
New Member

Am I considered Nonresident if j1 visa holder?

I am a j1 visa holder (intern).. i already filed my tax return for 2017 and already got my checks. Im in Philippines already btw. So somebod told me that i filed my taxes wrong because TT doesnt support tax returns for non residents. Am i still considered nonresident even if i was also in US last March 2015-june2015 as work and travel j1, went back to US last July 2016-august 2017 as j1 intern?
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6 Replies

Am I considered Nonresident if j1 visa holder?

Had you previously been in the US, before 2015?
ladyannjf
New Member

Am I considered Nonresident if j1 visa holder?

No. The first time i went to us was during my j1 work and travel program. March2015-june2015

Am I considered Nonresident if j1 visa holder?

You are a resident. 

The normal standard is that nonimmigrants are resident aliens if they are physically present in the United States at least 31 countable days in the calendar year in question, and their U.S. presence over a three-calendar-year period satisfies the 183-day residency formula (called the “substantial presence test”), unless an exception applies

However, for foreign nationals in J Exchange Visitor status do not count their days of U.S. presence for purposes of the 183-day residency formula for a specified number of calendar years, thus remaining nonresident aliens for U.S. income tax purposes longer than other nonimmigrants.  J-1 Students are exempt from counting U.S. days for purposes of the 183-day residency formula for 5 calendar years and a special 2-out-of-7 calendar year rule exempts J-1 Nonstudents such as trainees and short-term visitors from counting days for purposes of the 183- day residency formula.

[edit 3/14/2018 3:17 pm]

Am I considered Nonresident if j1 visa holder?

since the OP is an intern, the 2 out of 7 rule applies, not the 5 year rule, so he would be a resident alien for 2017
ladyannjf
New Member

Am I considered Nonresident if j1 visa holder?

So, that means it’s ok if i used TT for my tax return? And i dont need to amend it?

Am I considered Nonresident if j1 visa holder?

Yes. You are good
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