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My nonimmigrant status changed from F-1 to H-1 on July 02,2008. Does this mean that I will be filing as a dual-status taxpayer for the 2008 tax year?

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My nonimmigrant status changed from F-1 to H-1 on July 02,2008. Does this mean that I will be filing as a dual-status taxpayer for the 2008 tax year?

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No, after your change of status, you do not automatically become a resident for tax purposes. A person officially becomes a resident after he/she has been in the U.S. for 183 days. Since your change of status was approved on 07/02/08, you started counting days of presence since you were no longer residing in the U.S. as a nonimmigrant student in F-1 status. (Remember that all F-1 and J-1 students are able to exempt days of presence). You officially became a resident for tax purposes on 01/01/2009. You will file as a resident for tax purposes for the 2009 tax year.

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