F1> H1B year Substantial Presence Test

Was on the F1 visa since 2019. I switched to a H1B visa in October 2022. Not sure if I pass the Substantial Presence Test since I was on H1B for 90 days and 275 days on F1 in 2022? Will I be considered a non-resident or resident for tax purposes for 2022? Should I file the 1040NR or 1040? Basically can I use Turbo Tax?

373

Expert Alumni

Mar 5, 2023 6:03:55 AM

You are a nonresident. Days in the U.S. on an F1 visa are exempt from the substantial presence test. That means your days in the U.S. started on the date your H1B visa became effective.

TurboTax does not support nonresident income tax returns. Contact TurboTax partner Sprintax.com to file Form 1040NR.

Why sign in to the Community?

F1> H1B year Substantial Presence Test