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New Member
posted Jun 6, 2019 3:54:10 AM

Dual Status Filing 1040 Return + 1040NR Statement

(1) I changed status from F1-OPT to H1B in June 2016 (2) I am dual status and need to file 1040 Return and 1040NR Statement (3) I worked continously in the US for one company with one W2 for this entire year of 2016 (4) I have no foreign sourced income  

Question 1.  Do I just pro-rate my wage income from the W2 for filing my income on 1040NR Statement? 

Question 2.  Do I need to also pro-rate my itemised deductions eg state tax, federal tax and donations?

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1 Best answer
Level 7
Jun 6, 2019 3:54:18 AM

Since you are only exempt from the substantial presence test for 5 calendar years, you would count all days on F1 in 2016 towards the SPT and would be a resident alien for the entire year, if you were present January 1st 2016

5 Replies
Level 7
Jun 6, 2019 3:54:12 AM

Since when were you on F1?

New Member
Jun 6, 2019 3:54:13 AM

Mid June 2016

New Member
Jun 6, 2019 3:54:17 AM

Aplogies.  8/2011.  6th year F1-OPT no longer exempt?

Level 7
Jun 6, 2019 3:54:18 AM

Since you are only exempt from the substantial presence test for 5 calendar years, you would count all days on F1 in 2016 towards the SPT and would be a resident alien for the entire year, if you were present January 1st 2016

New Member
Jun 6, 2019 3:54:19 AM

So I do not count only days I am on OPT before my visa change to H1B for the SPT?  And then count the days after my H1B comes into effect for the SPT (which I pass)?  Or is it because I am present on Jan 1st 2016.  In other words, if I am out of the country from Jan 1st 2016 to Jan 5th 2016, then I will be considered dual status?  Many thanks.