F1 OPT to H1B visa status change

[MarshallZMiller]

it makes no sense. it says my AGI is wrong. it is not

[LinaJ2020]

Try enter zero.  If still being rejected, I will suggest you to print out your tax forms and paper file to the IRS.  To see explanations, click here:  Correct AGI got rejected

There are three ways you can use to locate your AGI:

If you have your last year's tax return, read here: Find your AGI

If you used TurboTax online to file, you can access your account here Login and download a copy of your prior year’s 1040 tax return to find your AGI.  Click here for instructions: Prior year's return

If you do not have a copy of the tax forms, you may order a transcript from the IRS.  Click here Get  Transcript and select  "Get Transcript Online "  or request a full copy of your past year's tax return.  Click here: https://www.irs.gov/forms-pubs/about-form-4506

@MarshallZMiller

Switching from F-1 visa to J-visa, you will use the Six-year look back rule.  For year 2010, you will look back to 2004-2019 and if you have exempted for two years as a student, you will be considered as a resident in 2020.  Same rule applies to 2021. 

@Zion0131

[Zion0131]

Hi @LinaJ2020, I am switching from F1 to H-1B, hence, the 6-year look back rule does not apply in my case. I have been on J1 back in 2010/2011. The question is whether I can use the student exception to the 5-year lifetime limit for F1/J1 if I have changed to H-1B on October 2020 and I am no longer a student at the end of the tax year 2020?

Thanks,

[LinaJ2020]

If you are on the F-1 visa in any part of the year of 2020, you count that as one year towards your 5-year limit. 

@Zion0131

[Zion0131]

@LinaJ2020 that is understandable, however, I have already been in the use on student or trainee visa for 5 years and 2020 will be my 6th year. There is an exception to the 5-year lifetime rule for students:

https://www.irs.gov/individuals/international-taxpayers/the-closer-connection-exception-to-the-subst...

The questions is whether I can apply and use the exception for students for the days in 2020 I was on F1 if I have changed my F1 (student) visa to H-1B (non-student) on October 2020?

Thanks, 

[LinaJ2020]

As this exception's intention is to allow the foreign student to continue to be treated as a nonresident alien, I don't believe year 2020 should be counted.  Please consult a professional for verification.