File Tax While Transitioning from F-1 Visa to H-1B Visa

[Anonymous]

Hello, 

I was on an F-1 student visa until 12/31/2019 (Was here in the US throughout 2019) and from 01/01/2020 onwards, I am on an H-1B visa. Which form shall I use to file tax for 2019? Also, can I use TurboTax to file?

Any help would be appreciated 🙂

Thanks

[KurtL1 · Accepted solution]

It would depend when you entered the United States as to how you file your return in 2019. As a student on a F-1 Visa you cannot count the days toward the Substantial Presence Test for part of five calendar years. If you first entered in the U.S. in 2014 your five years would have expired at the end of 2018. Your days presence in 2019 would count toward qualifying you as a Resident Alien for tax purpose and allowed to file a Form 1040 through TurboTax.

However, you entered the United States after 2014 you will not be able to count the days until you received your H1B Visa. You are considered a Nonresident Alien for tax purpose and must file a Form 1040-NR Nonresident return.

TurboTax does not support the Form 1040-NR return. You will need to use Sprintax to file a Form 1040-NR. If you have questions you can contact Sprintax Help for assistance.