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Level 2
posted Mar 27, 2020 2:09:34 PM

Can I use Turbo Tax to file my taxes (F1 -> H1B)

Hi, I came into the US on Aug 2014. My F1 visa expired in April 2019 but I was able to work from April to May 2019 because of my EAD card (expiry May end 2019). Fortunately for me I received my H1B in mid May 2019 (activated on Oct 1st 2019). To add, I was out of country in the month on Nov 2019 (28 days). Will I pass the substantial presence test?

 

Thanks,

Utsav

0 1 438
1 Best answer
Expert Alumni
Mar 27, 2020 2:33:44 PM

Starting from January 1st, 2019, if you have stayed within the US for more than 183 days in the year, regardless whether you are on F or H-visa, you are considered passing the SPT Substantial Presence Test.  

 

Your five years exempt period ends December 31, 2018.  ( 2014-2018)

1 Replies
Expert Alumni
Mar 27, 2020 2:33:44 PM

Starting from January 1st, 2019, if you have stayed within the US for more than 183 days in the year, regardless whether you are on F or H-visa, you are considered passing the SPT Substantial Presence Test.  

 

Your five years exempt period ends December 31, 2018.  ( 2014-2018)