Dual status alien vs resident alien

[drdr123]

I moved out of US permanently middle of  last year. i no longer have any visa status in USA and don't plan on returning, however i meet the substantial presence test on account of presence in previous years.

Do i qualify to file a full year 1040 Return or am i obligated to file as a dual status alien?

[LoganathanB]

You should file a dual-status return if you were a non resident on 31st December.

You must file 1040-NR if you are a dual-status taxpayer who gives up residence in the United States during the year and who is not a U.S. resident on the last day of the tax year.

Write "Dual-Status Return" across the top of the return.

Attach a statement to your return to show the income for the part of the year you are a resident. You can use Form 1040, U.S. Individual Income Tax Return as the statement, but be sure to write "Dual-Status Statement" across the top.

Click on the link for more information

Dual-status Return

[drdr123]

Do I need to file form 8840 to be able to file 1040NR?

Am I still eligible to file a dual status return given the following:

1) My employer had filed a green card petition for me in 2015. no action was taken in 2021 to further this. Said employment has been terminated

2)  My US wages for the year from the time I was in US  is more than the wages I received in Canada for the rest of the year.

3) I still have a bank account and 401k account in USA

[DaveF1006]

To clarify, prior to moving, what Visa status did you have and what was your date of entry into the US?

@drdr123

[drdr123]

@DaveF1006 

Prior to moving i was on H1B visa

Date of entry to US was August 2010 on F1 visa

[drdr123]

I only spent 110 days in US in 2021

in 2020 365 days

in 2019 335 days

[DaveF1006]

Yes, under the terms of the substantial presence test, you may file as a resident alien for 2021.

@drdr123