tax filing for F1 to H1B change of status

[valerie10492]

I was on F1 visa from Aug 2018 to Sept 2021. 

Since Oct 2021, I am on my H1B visa. I have not been in the US for about 30 days in 2022.

Do I qualify for filing with turbotax? Or should I use Sprintax instead?

[LoganathanB]

Yes, you can use TurboTax and you should file Form 1040 if you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year. 

Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a nonresident. 

You can use Form 1040NR as a statement but write dual-status on top of the form.

Dual Status Return

[valerie10492]

But don’t I need to meet the ‘Substantial presence test’? I have not completed 5 years in the US yet.

[DanaB27]

Yes, you would have to meet the Substantial Presence Test to be considered a resident. You did not meet the Substantial Presence Test in 2021 (Oct-Dec 2021) therefore you are considered a nonresident for 2021 and can use Sprintax to file Form 1040-NR.

F-1 visa holders are not considered residents until their 6th calendar year in the United States.  At that point, the Substantial Presence Test would need to be met to be considered a resident. Please see IRS Alien Residency Examples for additional information. 

@valerie10492