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Resident Alien or Non-resident Alien for F1 Student?

Forum|Forum|6 years ago
June 1, 2019
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I'm an exchange student with F1 visa from 2011 to 2012. Then I went back to my home county and started in a different school from 2013 to 2015 with F1. Am I a resident alien or non-resident alien starting from 2016? Thanks a lot for your help.

Best answer by bine22

You would be a non-resident alien for the first 5 calendar years or parts thereof on F1, so from 2011 to 2015.

For 2016 you start using the Substantial Presence Test and become a resident alien once you are in the US 183 days.

B

bine22Answer

You would be a non-resident alien for the first 5 calendar years or parts thereof on F1, so from 2011 to 2015.

For 2016 you start using the Substantial Presence Test and become a resident alien once you are in the US 183 days.

H

HelpMe2

I was on F1 visa from July 2012 to Sep 2015. My H1 status started from Oct 1, 2015 and was in the US on the last day. So I can use days after Oct 1 for SPT? Am I a non-resident alien for the entire 2015 or dual status alien? I have my wife here on F2 but cannot do married filing jointly, hence can use (single) standard deduction and two personal exemptions (India). I filed for extension. Can I use 'First Year' choice rule and file as a resident alien for 2015 once I pass SPT in July 2016? Thanks 🙂