W8 BEN form filing - Out of US but holding H1B status

[get2niz]

On April 2016 returned to home country(India) from US (H1B valid till 2018). As I'm eligible to file I.T for 2016 yr till my april stay, can I eligible to file W8BEN form. As I m doing forex trading from my country using the Bank account of US now, this trading comp wants me to file this W8 as they are not allowing US residents in this trading. Can you advise me if I can file W8 or should hold up? thanks for any advise on this. 

[bine22 · Accepted solution]

If you still meet the substantial presence test for 2016, you are still a resident alien in the US and would not be able to use form W8.

[get2niz]

Thanks for the details, can you help me in understanding my presence will I be qualify as resident alien test. I stayed in US from Nov 15 2013 till April 7 2016, I filed tax for 2013,2014 & 2015. Will I still be eligible to file tax for 2016 as well.