US Resident classification

[zoozee]

While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

Thank You and best wishes

[akred]

Yes, as long as you meet these conditions -

1. You lived in the US for 183+ days in the tax year or

2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.

[desi3933]

Originally Posted by zoozee

While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

Thank You and best wishes

While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

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