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I have filed two years under F1 visa (including OPT) and switched to H1B status past August. Do I get a health care coverage exception? Should I still do a NR filing?

 
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Accepted Solutions
KarenJ
Intuit Alumni

I have filed two years under F1 visa (including OPT) and switched to H1B status past August. Do I get a health care coverage exception? Should I still do a NR filing?

If you were in the US less than 183 days in 2019 (counting only days of presence starting with the date you switched to your H1B visa), then you are a nonresident for 2019.
 
You will need to file a nonresident return with Sprintax.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

[Edited 03.24.20 | 3:01 pm]

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1 Reply
KarenJ
Intuit Alumni

I have filed two years under F1 visa (including OPT) and switched to H1B status past August. Do I get a health care coverage exception? Should I still do a NR filing?

If you were in the US less than 183 days in 2019 (counting only days of presence starting with the date you switched to your H1B visa), then you are a nonresident for 2019.
 
You will need to file a nonresident return with Sprintax.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  • All the days you were present in the current year, and
  • 1/3 of the days you were present in the first year before the current year, and
  • 1/6 of the days you were present in the second year before the current year.

[Edited 03.24.20 | 3:01 pm]

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