Was a 1040NR the incorrect return type for previous year

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ChromiumDioxide
Posts: 36
Joined: Mon Apr 07, 2014 6:43 pm

Was a 1040NR the incorrect return type for previous year

Post by ChromiumDioxide »

I moved from Canada to the US in March 2011 with a J-1 visa (which a few months later changed into a H1-B visa).

For my 2011 tax return I used H&R block and they filed a 1040NR on my behalf, however as I was physically present in the US for more than 183 days during 2011 wouldn't I have met the substantial presence test and therefore it should have been a regular 1040 not a 1040NR?

TIA
nelsona
Posts: 18688
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

j1 time did not count towards the 183 days., so, by fluke HRBlockheads were right on that (or at least they were not wrong). You could have also file 1040

Don't forget your Cdn departure return, which would include all the income until you became H1.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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