If during 2018 I was on O-1 visa working under OPT, what is my resident status?

[juliteitler222]

This was part of my school's program for intl. students. It started in 2017, during that time I had my taxes filed via the school

[LinaJ2018]

When did you first enter the US with the O-visa?  Were you on a F-visa before the O-visa?  

[juliteitler222]

Yes, I was with F-1 Visa and did my OPT, then at July 2018 i entered with my O visa

[LinaJ2018]

I see.  When did you first enter the US with the F-visa? So, did you go back home then come back with the O-visa in July?

[juliteitler222]

Well first time was May 2013, I had it for five years. I entered the states last time with the F1 Visa on July 2017 (Sorry, corrected here). That was the last time. I got my O 1 visa and entered with the new status at the end of august. I filed for 2017 under F-1 status, and had to fill out a 1040NR

[LinaJ2018]

Please see answer below.

[LinaJ2018 · Accepted solution]

If you stay in the US on the O-visa for more than 183 days in 2018, you are a resident for tax purposes.

As an F-visa holder, you are a nonresident for five years 2013-2017 ( Although you change to O-visa in August, there are less than 183 days from August to December in 2017, therefore, you are still a nonresident in 2017)  Starting from January 1, 2018, if you stay more than 183days, you are a resident.  

If you do not stay more than 183 days in 2018, you could still be a resident if adding all your days in 2018 to the four months in 2017 equals or exceeds 183 days.   

Hope this helps.