Can I e-file my tax return with Turbo Tax (instead of Sprintax) while I am on H1-B work visa?

[Claire_He]

I’m a citizen of China who currently working in the United States with an H-1B work visa. 

I came to the US for the first time in June 2012 on a B-2 tourist visa and stayed for 20 days. I moved to Ann Arbor, Michigan in August 2013 from Beijing to attend college at the University of Michigan, Ann Arbor with an F-1 student visa, and graduated from Michigan in the summer of 2015. I went back to Beijing after graduating from Michigan on 9/30/2015. In July 2016, I moved to Los Angeles, CA from Beijing to pursue my master’s degree at the University of Southern California and graduated in May 2018. After graduating from USC, I stayed in LA and worked during my OPT (Optional Practical Training) period with F-1 student visa. I got my H-1B work visa in 2019 and my first H-1B work visa took effect on 10/1/2019. I’m currently still living in Los Angeles with H-1B work visa with a different employer (new H-1B took effect on 4/13/2020). I spent my majority of time in the US from July 2016 to now, except that I was in Beijing from 12/29/2019 to 1/18/2020 (21 days) and I was in Mexico from 11/21/2020 to 11/27/2020 (7 days).

In total, I have stayed in the United States around 6.5 years.  

[DaveF1006]

It depends on if you were a resident alien at the time you were H-1 visa holder. If you meet the Substantial Presence Test , you can file as a resident. 

To meet this test, you must be physically present in the United States (U.S.) on at least:  

1. 31 days during the 2020 year, and 

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: 

   • All the days you were present in the current year, and  

     • 1/3 of the days you were present in the first year before the current year, and 

     • 1/6 of the days you were present in the second year before the current year 

If you did not meet these requirements, you will need to file a Non-Resident return. 

[Claire_He]

Thanks @DaveF1006 

Based on the Substantial Presence Test, I think I'm a Resident Alien, so I can e-file my 2020 tax using TurboTax with Form 1040 (instead of a Non-Resident Alien who needs to use Sprintax to file Form 1040-NR), right? 

Days I was present in the US

2020: 340 days > 31 days 

2019: 362 days

2018: 365 days

Substantial Presence Test: 340+1/3*362+1/6*365=521 > 183

[LinaJ2020 · Accepted solution]

You are correct that you are a US resident for tax purposes.  Based on your information, please note that the days while you were on F-visa including OPT do not count towards your SPT calculations.  Therefore, since you have stayed in the US for more than 183 days in both 2020 and 2019, you meet the requirements.  You can use TurboTax to file your 2020 tax return. 

@Claire_He