Taxes for 2012 : F1 -> H1 -> GC (Am I a resident alien or a non-resident alien?)

D

darkelf

Registered Users (C)
Hello all,
I have a rather confusing situation: I was employed by my university as an Research Assistant till Jan 15 of 2012. I then graduated, switched to OPT and started working from February. I left my job, started working for a different firm sometime early June. Then while working for that firm, I switched from F1 to H1B. I started the I485 process in November and was told recently a few days back that my Adjustment of Status was successful. I am sort of confused: Do I file as a resident-alien or a do I file as a non-resident alien?

Another additional data point for the whole substantial presence thing: I came to the country in 2009, left for a month at the end of 2011 and returned back on 19th of January 2012.
 
Yes, I did read that. I did the math and If I was still on an H1B, I would think I was a non-resident alien because I have been 92 days in the country in an H1B visa during the previous calendar year and I can't count any time spent in an F1Visa. However, what worries me is vague imprecations on the part of USCIS that a LPR should file as a resident alien or consider his GC abandoned.
 
See this link:
http://www.form1040nr.com/residencystatus.php

Did you receive approval notice for I-485? If so, what is the date of approval?
 
Thank you for your response, nkm!

Post Interview, the officer handed me a "I-485 Adjustment of Status Application Interview Results" paper that says that my "adjustment of status application has been approved". I assume this is the approval notice that you speak of, if so, the date of approval is Jan 25, 2013.
 
So you meet the "green card test" only for 2013 and I-485 approval will not affect your tax status in 2012. You will likely fall under a dual status alien for tax purposes in 2012.

Any tax software should be able to walk you through your residency status and help you file correctly.
 
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