{ "media_type": "text", "post_content": "I’m currently working using my F1 visa OPT, this is my third year on F1. I haven’t been traveling internationally for a year and a half. Should I file 1040 or 1040 NR?", "post_id": "5e6eba9ba9c4f0001ddc436a", "reply_count": 5, "vote_count": 2, "bowl_id": "599555b669a73a0010aab3ac", "bowl_name": "Tax Bowl" }

I’m currently working using my F1 visa OPT, this is my third year on F1. I haven’t been traveling internationally for a year and a half. Should I file 1040 or 1040 NR?

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Not true about state. Most states don’t respect the F-1 visa rule for residency determination. You will need to look at each state’s residency rule to see if you would be considered a resident. As for federal, you wouldn’t count your physical presence days for the first five years under F-1. Note: even one day of presence in a year under the visa counts as one full year + this is determined over lifetime (e.g. if you were previously in the US under another F-1 for high school, this would count towards the five years even if you didn’t file a tax return)

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1040NR — you can use IRS Publication 4011 if you want to be sure.

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1040NR. When you are on OPT none of the days count as being present in the US. Make sure to also attach form 8843 to your return. You’re likely a nonresident for your state return as well.

1040

Thanks for all the responses!

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