Question

I changed my visa status from F1 (OPT) to O1 in February 2024. Do I need to file as a dual status or resident for the whole year?

Forum|Forum|1 year ago
February 23, 2025
1 reply
0 views

I am confused whether I can file as a resident for the whole year because I pass the substantial presence test by being on O1 physically in the country for 183+ days in 2024. Or is it correct to file as dual resident (non-resident till January and resident from February). Is this a choice that is up to me, or am I compulsorily required to file as a dual resident? I was a non-resident only for January. But a resident visa status (O1) thereafter. And overall for 2024, I pass the substantial presence test.

DaveF1006

Yes, since you resided in the US for 183+ days in 2024, you are a resident for US tax purposes since you passed the substantial presence test. You may file a 1040 return.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

L

legolas2025Author

Thanks for the reply Dave. Just want to confirm that January being in F1 status does not force me to file Dual status, right? I can be resident (1040) for the full year?