F1 to H1B

[emelyzav]

Hi,

I entered the US in August 2017 as a F1 student. After graduating in 2021, I began working on OPT in July that year but since I was picked in the h1b lottery, I became an H1B worker on October 1st, 2021.  

Do I have to pay taxes as a dual status alien? see: https://www.irs.gov/individuals/international-taxpayers/taxation-of-dual-status-aliens

I have received form 1042s from my college and w2 from work, and I am trying to figure out how to file for this year since I am not sure if dual applies to me or if I can still file as a non-resident considering it has not been 5 years of substantial presence yet. 

[DaveF1006]

To clarify. Did you file as an exempt person at anytime during the time you have been in the US?

[emelyzav]

No,

I had jobs on campus since I got to the U.S so every year I filed taxes. I also had to pay taxes on my scholarship for college, that's why I got form 1042s. 

[DanaB27 · Accepted solution]

You will have to Form 1040-NR because you are still a nonresident alien for 2021. TurboTax does not support Form 1040NR for a nonresident.  You can prepare your return through a company we partner with called Sprintax. 

Generally, F-1 visa holders are not considered residents until their 6th calendar year in the United States. Therefore, from 2017 until Sep 2021 you were exempt from the Substantial Presence Test because of the F-1 visa. Your days counting towards the Substantial Presence Test started on Oct 1st, 2021, when you got the H1B visa. But you had only 92 days in 2021. Therefore, you didn't meet the Substantial Presence Test for 2021 and you will have to file a nonresident return (Form 1040-NR) for 2021. 

@emelyzav

[emelyzav]

Thank you so much @DanaB27