F1-OPT to H1B Change of Status - Do I file as a Nonresident or Resident alien?

Hello,

I am having trouble to determine if I should file 1040 or 1040-NR for 2023.

I entered US on Aug 2019 on F1 Visa. I graduted in 2023 and my initial OPT started from July 2023.

For 2023, I was in OPT status from July - Oct 1st and I am on H1b status since Oct 1, 2023.

My question is: while filing taxes for 2022 am I considered a resident alien and file 1040-R? or is it non-resident alien and I would need to file 1040-NR?

Thank you!

577

Level 15

Aug 23, 2023 3:45:49 PM

If a person changes their visa from F-1 to H-1B they may still qualify as a nonresident alien for tax purposes. In this case, they need to submit a form 1040NR to the tax office.

New Member

Aug 23, 2023 9:07:49 PM

How do i determine that i qualify or i don't?

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F1-OPT to H1B Change of Status - Do I file as a Nonresident or Resident alien?