I was in the US on an F1 visa from 2019 to 2024 when I switched to an H1B visa. I know I was exempt for the first 5 years and the days started counting towards my substantial presence test in 2024 and i became a resident for tax purposes even before switching to H1B in October. My company started withholding wages in October so my first question is, do I have to get them to correct my W2 to reflect wages from July when I actually became a resident even on my F1? Secondly, is it possible to avoid the whole process of a dual status tax return and file as a resident for the whole year?
Thank you
@uyomide , as I understand your post :
(a) You entered with F-1 in 2019 --- thus your exempt period finished 12/31/2023
(b) So you started counting days present from 01/01/2024 and passed SPT end of June 2024.
(c) Per this ref --> Residency starting and ending dates | Internal Revenue Service
"If you meet the substantial presence test for a calendar year, your residency starting date is generally the first day you are present in the United States during that calendar year."
Thus you are a resident for Tax purposes for the whole of 2024. And because your presence included the full calendar year, you are able to use Standard deduction. You file on form 1040 and be taxed on world income.
I do not understand your statement about withholding --- your W-2 covers all the wages paid to you during the year. OR are you talking about FICA taxes. While working under H-1B and not EAD, you are subject to FICA taxes.
Is there more I can do for you ?
pk