Assistance in expert advice - Determine right tax form for year 2024

[Juggy1991]

I came to the U.S. in Fall 2021 for my Master's degree and have been filing my taxes as a 1040-NR for the years 2021, 2022, and 2023. However, in October 2024, my visa status changed from F-1 to H-1B. Now, I am trying to determine which tax form I should file. Should I continue with the 1040-NR, or is there a different requirement for H-1B status? I have looked into the Substantial Presence Test to assess my residency status, but I'm still unclear about what steps I need to take. Can you please assist me? I came to the U.S. in Fall 2021 for my master's degree and have been filing my taxes as a 1040-NR for the years 2021, 2022, and 2023. However, in October 2024, my visa status changed from F-1 to H-1B. Now, I am trying to determine which tax form I should file. Should I continue with the 1040-NR, or is there a different requirement for H-1B status? I have looked into the Substantial Presence Test to assess my residency status, but I'm still unclear about what steps I need to take. Can you please assist me?

[DaveF1006 · Accepted solution]

You would file a 1040 NR since you did not satisfy the 183 day resident requirement for 2024.  All days leading up to October 2024, were exempt thus couldn't be used toward the 183-day requirement. 

Turbo Tax does not help prepare 1040 NR returns, but our affiliate at Sprint Tax does. Please contact them here for further information.

[Juggy1991]

Thank you, Dave, just so I get some clarity, are the number of days for SBT counted from the day my visa was changed to H1B to determine my residency status

[DaveF1006]

Yes. These are considered nonexempt days for purposes of the SBT.