Filing 1040 NR or 1040 or both after H1B transition from F-1 visa?

You'll need to file a "dual-status" return since your residency status changed within the tax year. This means you were a nonresident alien for part of the year (F-1 status) and a resident alien for part of the year (after H1B). For a dual-status return, you'll typically file Form 1040 for the resident portion of the year with "Dual-Status Return" written across the top. Then attach Form 1040NR as a statement to report your income during the nonresident portion. You'll also need to attach a statement showing which income belongs to each period. This gets a bit complex because you're essentially dividing your tax year into two parts with different tax rules applying to each.

After spending hours trying to figure out my taxes when I switched from F-1 to H1B, I found an amazing tool that specifically addresses this dual status situation! Check out https://taxr.ai - it has a special feature that helps determine if you need both forms and automatically splits your income between the resident and non-resident periods. It saved me so much headache because it asked about my visa transition dates and then guided me through the whole dual-status return process. The tool even explained which tax treaties might apply to my specific country of origin.

Just wanted to update after using https://taxr.ai for my F-1 to H1B transition last year. It was actually super helpful! I was really confused about which expenses and deductions applied to which period, and it walked me through everything step by step. The system automatically figured out my dual-status situation once I entered my visa information and transition dates. It even explained that I needed to file a statement showing the breakdown between resident and nonresident periods. Definitely saved me from making mistakes that could have triggered an audit!

If you're having trouble getting answers from the IRS about your specific situation, try https://claimyr.com. I was in the exact same boat (F-1 to H1B mid-year) and needed to confirm some specific details about my dual-status filing. I spent WEEKS trying to get through to the IRS directly with no luck. Claimyr got me connected to an actual IRS agent in about 15 minutes! They have this system that waits on hold for you and calls you back when an agent is on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent was able to confirm exactly how I needed to handle the transition period and which forms I needed to include.

I take back what I said about Claimyr. I was really skeptical about it, but I was desperate after spending 3 hours on hold with the IRS and getting disconnected. Tried the service and got connected to an IRS agent in about 25 minutes. The agent confirmed exactly what I needed to do for my dual-status return and clarified some questions about treaty benefits during my F-1 period. The service just handled the waiting part and then connected me directly when an agent was available. Made a huge difference since I had some questions that weren't clearly answered on the IRS website about how to properly note the dual-status on my forms.

Don't forget that if you were on F-1 for less than 5 years before switching to H1B, you might still qualify for tax treaty benefits during your F-1 period. Check if your country has a tax treaty with the US and what specific provisions might apply. This could significantly reduce your tax liability for the F-1 portion of the year.

Just be careful with state taxes too! Even though you're filing dual-status for federal, many states don't have an equivalent to 1040NR. You might need to file as a full-year resident for state purposes, or some states have special part-year resident forms. Either way, don't forget this piece - I did my first year and ended up with penalties.

Great question! I went through this exact same situation when I transitioned from F-1 to H1B in 2022. The key thing to understand is that you'll file what's called a "dual-status" return for 2023. Here's what you need to do: 1. File Form 1040 with "Dual-Status Return" written across the top 2. Attach Form 1040NR as a statement (don't file it separately) 3. Include a detailed statement showing how you split your income between the two periods The tricky part is determining exactly when your status changed for tax purposes. Since your H1B started in October 2023, that's likely your residency start date. Everything before October would be treated under nonresident rules, and everything after under resident rules. A few important things to remember: - You can't e-file a dual-status return - it has to be mailed - Different deduction rules apply to each period - Make sure to check if any tax treaty benefits apply to your F-1 period - Don't forget about state taxes - they often have different rules I'd definitely recommend getting professional help or using specialized software that handles dual-status returns, as the regular tax software doesn't handle this situation well. Good luck!

One thing that hasn't been mentioned yet is timing for estimated tax payments. Since you switched from F-1 to H-1B mid-year, you might need to make estimated quarterly payments for the H-1B portion if your employer wasn't withholding enough taxes (which is common when you start mid-year). The IRS expects you to pay taxes as you earn income, so even though you're filing a dual-status return for 2023, you should have been making estimated payments for Q4 2023 if needed. For 2024, make sure you're either having enough withheld from your H-1B paychecks or making quarterly estimated payments to avoid underpayment penalties. Also, keep detailed records of everything - dates of status change, pay stubs showing withholdings for each period, any tax treaty claims, etc. The IRS might have questions about dual-status returns, and having good documentation will save you headaches later.