Status Changed from F1 OPT to H1B

[Garridolecca]

Hello guys, I know I am late for filing my taxes, sorry for the bad example. I have a question. Last year in October 2019 I received my H1B visa approval, I went from OPT to H1B.  That was 90 days before the end of the year. Now I need to file my taxes but I am not sure if I should do that under my F1 OPT status or under my H1B status.

Also: I am single. I came to the USA from Peru, I came under an F1 visa the 8/16/ 2017 and I apply to started my OPT after finishing my master on 8/16/2018, I have been permanently in the US, Just went to Peru once for a week. 

Have any of you faced this before? 

Also if I do this under OPT, should I count all the year? , Same for H1B if I have to do that? 

Until last year I had been filing 1040 NR. How do I file my taxes this year ? Please advice.

[mesquitebean]

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@ Garridolecca wrote:

Hello guys, I know I am late for filing my taxes, sorry for the bad example. I have a question. Last year in October I received my H1B visa approval, I went from OPT to H1B.  That was 90 days before the end of the year. Now I need to file my taxes but I am not sure if I should do that under my F1 OPT status or under my H1B status. Have any of you faced this before? 

Also if I do this under OPT, should I count all the year? , Same for H1B if I have to do that? 

Until last year I had been filing 1040 NR. How do I file my taxes this year ? Please advice.

More info is needed, then I can ask someone familiar with international filing to assist you in how to file.  It sounds like that in 2019 you were under F1 OPT for at least part of the year and H1B visa the last 90 days.   Please answer the following:

Since when did you first come to the USA, and have you been here continuously until now?

From what country?

Are you married?

[Garridolecca]

Hello , thank you so much!

I am single :). I came to the USA from Peru, I came under a F1 visa the 8/16/ 2017 and I apply to started my OPT after finishing my master on 8/16/2018, I have been permanently in the US, Just went to Peru once for a week. 

[mesquitebean]

I'm going to ask someone to assist you.  I don't know when it will be.

@pk   Are you please able to assist this international filer when you are next in the forum on how to file for 2019 in this situation.  User has gone from F1 to OPT previously, then H1B since October 2019.   Thanks.

[pk · Accepted solution]

@Garridolecca , having read through your interactions with @mesquitebean , since you have two different posts, let me summarize what I understand as the situation ( please correct in this thread as required )

1. You are from Peru

2. You entered USA in 2017 with F-1

3. You started OPT in 2018

4. Your status was adjusted to H-1B in October of 2019

And assuming that this was your first F-1, you would have been under the exempt category till 12/31/2021.  However because of status adjustment your days present in the USA ( towards Substantial Presence Test ) starts from the date of adjustment.  Therefore:

(a) you are a Non-Resident Alien for the year 2019 -- you have to file a return using form 1040-NR or 1040-NR-EZ  . These are not supported by TurboTax  and you would have to use SprinTax, or similar or Tax Professional familiar with international filing --- or seek help from your school  , if you are still associated with them.

(b) you do have the option of requesting to be treated as a resident for the year 2019 ( and thus be able to  use TurboTax )--- this will also expose your world income to US taxes.

If you need help on how to apply for the First Year choice, let me know and I will come back and help

pk

[Garridolecca]

Thank you so much for your help!