Am I resident alien or non-resident alien? G-4 visa to F-1

Juani · ‎January 23, 2020

Hi,

I came to the US to work with a G-4 Visa in November 2014. Stayed with my G-4 Visa until May 2016 when I switched to F-1. Have stayed in the US with F-1 Visa since.

Do I pass the substantial presence test for tax year 2019? Are the days I was in the US under a G-4 visa considered for the 5 year F-1 rule?

DanaB27 · ‎January 24, 2020

No, the days you were in the US under a G-4 visa are not considered for the 5-year F-1 rule. Only prior stays under "F, " "J, " "M, " or "Q " visas are considered.

On an F-1 visa, you are exempt for 5 years, therefore you are still exempted in 2019 and will need to file a nonresident return (1040NR). You can use our partner Sprintax to file Form 1040NR,

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DanaB27 · ‎January 24, 2020

No, the days you were in the US under a G-4 visa are not considered for the 5-year F-1 rule. Only prior stays under "F, " "J, " "M, " or "Q " visas are considered.

On an F-1 visa, you are exempt for 5 years, therefore you are still exempted in 2019 and will need to file a nonresident return (1040NR). You can use our partner Sprintax to file Form 1040NR,

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post