Hi! Can I eflie my taxes as a resident i.e use form 1040 on my H1-B visa?

[asct19]

I moved to the US in Aug 2018 with an F1 visa and got my H1-B visa in October 2020. Do I meet the substantial presence test and qulaify to file taxes using turbotax as a resident?

Thanks!

[ErnieS0]

Yes. You meet the substantial presence test if you received an H1-B visa in October 2020.

You began counting days from the date of issue so you would be in the US for all of 2021.

To qualify for substantial presence, you must be physically present in the United States (U.S.) on at least:

• 31 days during the current year, and
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
• All the days you were present in the current year, and
• 1/3 of the days you were present in the first year before the current year, and
• 1/6 of the days you were present in the second year before the current year.

Substantial Presence Test

[asct19]

Thank you so much! So I meet the test although I was on a F1 visa until October 2020 right ?

[ErnieS0]

Yes. Your days present in the US are exempt under the F1 visa so you start counting days in October 2020. That means you were "present" in the US for all of 2021.
 

You only needed 183 days to file as a resident in 2021.

[asct19]

Thanks again! When they say “current year” do they mean current tax year ?

[ErnieS0]

In this case, the current tax year is 2021, because that is year you are filing taxes for.