Hi, on October 1st 2020 my visa changed from F1 to H1B. Can I file using turbo tax ? I entered US in January 5th 2016

[DaveF1006]

@karan92kp Due to a follow-up question asked by you, I mistakenly gave you advice because I assumed you were a J1 visa holder but you did clearly say that you are a F-1 visa holder.  This does change things.  

While you were an exempt individual while you retained your F-1 visa status, you are not allowed to use this  time to meet the substantial presence test. . You can only use non-exempt time since you have received your H-1B status. Please refer to the information given in this IRS link.

Since you became a H-1B visa holder on October 1, 2020, you won't be able to file a Resident tax return this year but if you stay in the US all during 2021, you should be able to file as a resident in 2021. For 2020, you will need to file as a non-resident.

[Edited 02-22-2021|10:05 AM PST]

[karan92kp-gmail-]

@DaveF1006  in the year 2020, I have spent 90 days (oct 1 to dec 31) on h1b visa. And rest of the years 2020(jan-1 to sep-30),2019,2018,2017,2016 I have been here in US only on F1 visa. Should i file for the year 2020 as resident alien or non resident alien. I have completed 5 calendar years US but I do not meet 183 days to meet the substantial Presence test. Please advice

[DaveF1006]

Due to a follow-up question asked by you, I mistakenly gave you advice because I assumed you were a J1 visa holder but you did clearly say that you are a F-1 visa holder.  This does change things.  

While you were an exempt individual while you retained your F-1 visa status, you are not allowed to use this  time to meet the substantial presence test. . You can only use non-exempt time since you have received your H-1B status. Please refer to the information given in this IRS link.

Since you became a H-1B visa holder on October 1, 2020, you won't be able to file a Resident tax return this year but if you stay in the US all during 2021, you should be able to file as a resident in 2021. For 2020, you will need to file as a non-resident.

[karan92kp-gmail-]

@DaveF1006  Thank you, this answers my question. I will file as a non resident for year 2020

[DaveF1006]

You are most welcome sir. 

[LinaJ2020]

Technically, you are a non-resident for the year 2020 and required to file a Form 1040-NR.  

However, you have another option.  

If you anticipate you will be staying in the US for at least 183 days in the year 2021 or meet the Substantial Presence Test SPT, you can make an election to treat yourself as a resident from October to December 2020, to file as a dual-alien alien. Please see FirstYearChoice- Residency Starting Date under the First-Year Choice.  

If you meet the requirements, for the year 2020, you will be filing as a non-resident for the first nine months and a resident for the rest of the year. To read more about the pros and cons on dual status, click here: Dual status

If you decide to file as a non-resident for the whole year, as TurboTax does not support any nonresident tax forms, you are advised to contact Sprintax to file your 2020 taxes.

@karan92kp-gmail-

[karan92kp-gmail-]

@LinaJ2020  Thank you, I agree that is an option to consider. I have used Sprintax previously and will be using it again to file as a Non resident Alien for 2020