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New Member
posted Feb 22, 2023 5:22:59 PM

If I want to be treated as a NRA for 2022, Should I file Form 8843 or 8840? Or should I file Forms 8840 AND 8843 together?

I was an F-1 student for the 2022 tax year. That was my seventh year, and I met the three-year substantial presence formula. However, I stayed in the US for less than 100 days in 2022, and I left the US for a permanent job abroad.

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Expert Alumni
Feb 23, 2023 5:34:48 AM

If you have been in the US for less than 183 days and have a closer connection with another country (e.g. your home country), you can apply to be considered a nonresident alien by filing form 8840 together with your nonresident tax return.

 

Please read form 8840 and the  instructions for form 8840.

 

Form 8843 is for aliens who want to exclude days from their substantial presence test because they could not leave the US for medical or another reason. That form would not apply to you.