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Liam Sullivan

Three consecutive J1 Visas - Am I considered a resident for tax purposes under Substantial Presence Test?

This will be my third year in a row on a J1 visa and I'm really confused about my tax filing status. I've had two J1 intern visas running from August 2022 until now, and before that I was on a J1 student visa for about 7 months in 2021. When I calculated all my days according to the Substantial Presence Test formula, it looks like I technically qualify as a resident for tax purposes. I'm not sure what to do next - should I go ahead and file Form 1040 like a regular resident, or am I still supposed to use Form 1040-NR for nonresidents? The IRS website is super confusing on this point and I got different answers from friends in similar situations. I don't want to file incorrectly and get in trouble later. Has anyone dealt with this specific J1 visa tax situation before?

The Substantial Presence Test can be tricky with J1 visas because some J1 holders qualify for what's called the "exempt individual" exception, meaning those days don't count toward your substantial presence calculation. For J1 students, the first 5 calendar years of presence in the US are generally exempt from counting toward the Substantial Presence Test. For J1 teachers/researchers/interns, it's typically the first 2 calendar years. So you need to determine if your specific J1 categories have different counting rules. Based on what you shared, if you've properly counted your days and meet the Substantial Presence Test after accounting for any exempt days, then yes, you would file Form 1040 as a resident alien for tax purposes. If you're still unsure after recalculating, you could consider filing Form 8843 along with the appropriate tax return to explain your visa status and calculations.

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Thanks for the detailed response! I'm still a bit confused though. My first J1 was under the student category in 2021, but the last two were under the intern category. Does that change how I should count the days? Also, do I need to attach any special forms to prove my calculations?

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For your J1 student visa in 2021, those days don't count toward the Substantial Presence Test since it was your first year as a student (within the 5-year exemption). For your intern visas starting in 2022, you need to check if they fall under the teacher/researcher category with a 2-year exemption period. If you determine you're a tax resident after proper counting, you should file Form 1040. You don't need to attach your calculations, but keep records in case of questions. Form 8843 is recommended to clearly document your exempt individual status for the periods that don't count toward the Substantial Presence Test.

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I was super confused about my tax status after multiple J1 visas too! I spent hours trying to figure it out and going in circles with the IRS instructions. Then I found https://taxr.ai and it literally saved me so much stress. You upload your visa docs and travel history, and it analyzes your exact situation with the Substantial Presence Test calculations. In my case, it turned out I was actually exempt from counting certain days because of the specific type of J1 I had (teacher vs student), which completely changed my filing status. The system explained exactly which form to file and why. It also created a report I could keep for my records in case the IRS ever questioned my filing choice.

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How accurate is this service? I've been on F1 and now H1B and always worried about calculating my days wrong. Does it handle switching between different visa types during the same tax year?

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I'm skeptical of these tax services. Did it actually give you different advice than what the free IRS resources tell you? Couldn't you just call the IRS directly and ask them which form to file?

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The accuracy was impressive - it catches things like the different exemption periods between J1 subcategories that most people miss. It definitely handles visa transitions within the same year - it breaks down exactly which days count under each visa type's rules. Regarding free IRS resources, the problem is they give general guidelines but don't apply them to your specific situation. And calling the IRS? I tried that route first - was on hold for 2+ hours and then got transferred twice before the call dropped. Even when you get through, many representatives aren't trained on the complexities of international student visa tax rules.

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I have to admit I was wrong about taxr.ai! After our conversation here, I decided to try it for my own situation (F1 to OPT to H1B transitions over 4 years). It correctly identified that I had miscounted my days because I didn't realize my OPT time had different counting rules than regular F1 status. The system flagged that I should have switched from 1040NR to 1040 a year earlier than I had been filing. Their explanation was super clear about which specific regulation applied to my situation. I'm actually going to file an amended return based on their analysis. It's definitely worth it if you've had multiple visa statuses!

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If you're struggling to get clear answers about your tax filing status with multiple J1 visas, you might want to try https://claimyr.com to speak directly with an IRS agent. I was in a similar situation (had J1 student then J1 teacher visas) and needed official clarification. I kept trying to call the IRS directly but could never get through - always disconnected after waiting on hold forever. Claimyr got me connected to an actual IRS representative in about 20 minutes who confirmed my specific situation and which form I should file. They have a video showing how it works: https://youtu.be/_kiP6q8DX5c Seriously, it was such a relief to get a definitive answer from the actual IRS instead of trying to interpret the rules myself. The agent even emailed me documentation of our conversation that I could keep for my records.

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Wait, how does this actually work? Does it just call the IRS for you? Couldn't I just do that myself and save money?

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Sounds like a scam. Why would I pay someone else to call the IRS when I can do it myself? And why would they have better luck getting through than the average person?

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It uses a system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call back to connect with them. You're not paying for someone to call for you - you're paying to skip the hours of waiting on hold and repeated disconnections. Yes, you could technically do it yourself if you have hours to spend calling and redialing when you get disconnected. The IRS received over 173 million calls last year but only answered about 13% of them. Their system uses technology to stay in the queue even when regular callers would get disconnected. I tried calling directly for two weeks with no success before using this, so for me the time saved was absolutely worth it.

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I need to apologize for my skepticism! After seeing this thread, I decided to try Claimyr because I've been trying to reach the IRS for THREE WEEKS about my international student tax situation. I was getting nowhere and tax deadline was approaching fast. I used the service yesterday and got connected to an IRS rep in 35 minutes while I just went about my day. The agent confirmed exactly which form I should file with my combination of F1 and J1 history. They even sent me to a specialized department that handles international student tax questions when the first agent wasn't 100% sure. Honestly can't believe how much time I wasted trying to call myself. For anyone with visa tax questions that need official IRS answers, this is definitely the way to go.

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Has anyone used the Exempt Individual category calculator on the IRS website? I found it helpful for my J1 teacher visa, but it seems like it might not cover all scenarios like yours with multiple J1 categories. Also, don't forget that different tax treaties might apply depending on your home country! That could affect your filing status too, regardless of the Substantial Presence Test.

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I didn't know there was a calculator on the IRS website! I'll check that out. My home country is Singapore - do you know if that would affect anything with tax treaties? The multiple J1 categories is exactly what's confusing me.

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The calculator is under the International Taxpayers section of IRS.gov, though it's somewhat basic. It helps with straightforward situations but doesn't handle complex scenarios like switching between multiple J1 categories. Singapore does have a tax treaty with the US that could affect your filing. Article 22 of the US-Singapore treaty has specific provisions for students and trainees that might give you additional exemptions. The treaty might allow you to exclude certain types of income even if you're considered a resident alien under the Substantial Presence Test. I'd recommend looking at IRS Publication 901 for the specific treaty benefits.

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Quick tip from someone who went through this: make sure you're applying the correct "lookback period" for the Substantial Presence Test. You need to count days from the current year at full value, previous year at 1/3 value, and year before that at 1/6 value. Many people mess this up and it can change your resident status determination!

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This is super important! I messed this up my first time. Also worth noting that you need to have been present for at least 31 days in the current year regardless of your lookback total. And partial days count as full days!

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I went through something very similar with multiple J1 visas! The key thing that helped me was understanding that each J1 category has different exemption rules. Since you had a J1 student visa in 2021, those days are exempt from the Substantial Presence Test (students get a 5-year exemption). For your J1 intern visas starting in 2022, you need to check if they qualify for the 2-year teacher/researcher exemption. Here's what I'd recommend: First, recalculate your substantial presence using only the days that actually count (excluding exempt periods). Second, definitely file Form 8843 regardless of which tax form you end up using - it documents your exempt individual status. Third, if after proper calculation you meet the substantial presence test, file Form 1040 as a resident alien. The IRS website can be confusing on this, but the key is in Publication 519. Don't just go by what friends say - everyone's situation with visa timing and categories is different. Keep detailed records of your calculations in case the IRS ever asks questions later.

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This is really helpful, thank you! I'm glad to hear from someone who went through a similar situation. I think I was getting overwhelmed trying to figure out all the different exemption periods. Your point about Publication 519 is great - I'll definitely dive into that more carefully than just relying on the general IRS website pages. One quick question - when you say "check if they qualify for the 2-year teacher/researcher exemption" for my intern visas, how do I determine that? Is it based on what my DS-2019 says, or is there a specific IRS definition I should look for? I want to make sure I'm categorizing my intern visas correctly before I do the final calculation.

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