F1-student with work permit from family petition

[ericvu39]

Hi community,

I'm currently (or used to be) a F1 student. My mom filed a petition for me since last year August, I received the EAD card also since last year (2023). Now as for 2024 tax filing, I started using my EAD card recently (May 21st) and wonder if I can file tax as a resident because I would have passed the Substantial test by the end of this year (183 days from this year since I used my EAD card).

Thank you so much!

[pk]

@ericvu39 , please tell me when you entered this country with F-1, which country you are from and if this was your first entry in the USA.  I am trying to determine if you are still under the  exemption period (  once only and five years  max ).

Generally EAD  does not automatically  require you to  count days present towards SPT.

I will circle back  once I hear from you 

[ericvu39]

Thank you, I entered since 29th July 2021. I believed I looked up the SPT and the instructions said I should exclude my F1 period. I also thought that once I used or maybe received the EAD card, I'm no longer a F1 status anymore, my legal status to stay on the US should be based on my application (i.e I-485 results)

[pk]

@ericvu39 , assuming you  continue to meet the requirements of the visa ( F-1 , ), you are still exempt without regard to EAD.  However , you mention I-485 -- is your family / employer  sponsoring a status change for you ?   If so till that has been resolved you still retain then F-1  -- No?

On looking over I don't know if I have fully answered your question or not ---- perhaps I am missing the point you are  making--- please can you elucidate ?

[ericvu39]

Hello there! Yes, as from the post, my mom is filing a petition for me, I have received the EAD card and my I-485 is in pending status. I have been using the EAD card since 21st May.

My point of the post is that, hopefully, the moment when I use the EAD card on the 21st May, I could file tax as a resident because I believe once I used the EAD card, my F-1 status is not valid anymore and I'm staying on the US based on my I-485 application's status. In the end, I just wanted to ask if I'm qualify to file tax as a resident to claim tax returns. Thank you

[pk]

@ericvu39  as long as you meet the requirements of the F-1 visa and till a status change is affected, you are  still a student and eligible for student exemption for SPT purposes.  So as I see it you are  not a resident for tax purposes yet  -- EAD by itself does not change anything.

[ericvu39]

Hi, thank you for your response. No personal hard feelings, but may I ask if you are the representative of turbotax? or this is just a community forum? Because I would wait to see what others' thought about this.

Again, the moment I used my EAD card, that's considered employment without OPT or CPT, so that would remove me from eligible for F-1 visa.