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should i check the box " I am a nonresident alien or dual status alien spouse" when i am on H1B visa and passed the Substantial presence test

my h1b started on october 2023
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1 Reply
DavidD66
Employee Tax Expert

should i check the box " I am a nonresident alien or dual status alien spouse" when i am on H1B visa and passed the Substantial presence test

You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).  If you are resident, you would not indicate that you are nonresident alien or a dual status alien spouse.   According to the IRS:  Generally, an alien in H-1B status will be treated as a U.S. resident for federal income tax purposes if he or she meets the Substantial Presence Test.

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