F1/OPT to H1b status - what is the tax residency?

[devv37]

Hello,

I am having trouble to determine if I should file 1040-R or 1040-NR for 2022. if so can I use turbo tax for either one of these?

I entered US on Aug 2017 on F1 Visa. I graduted in 2021 and my initial OPT started from Septemeber 2021.

For 2022, I was in OPT status from Jan - Oct 1st and I am on H1b staus since Oct 1, 2022.

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?

I read on IRS website that F1 students are "expempt" for 5 calendar years and after that Substantial Presence Test determines. So do I count the days to SPT from Aug 2022?

Any help is appreciated. Thank you!

[DanaB27 · Accepted solution]

F-1 visa holders are not considered residents until their 6th calendar year in the United States.  At that point, the Substantial Presence Test would need to be met to be considered a resident. 

You were exempt from 2017-2021. 2022 is your 6th calendar year and you met the Substantial Presence Test for 2022. Therefore, you will file the regular Form 1040 and you can use TurboTax to file your tax return.

Please see IRS Alien Residency Examples for additional information.