Which form/product to fill/buy?

[thomas4242]

Hi,

I am confused about what product and which form I have to buy:

I am an alien and I spent in the US:

9 months in 2007 (J1 visa)

2 months in 2007 (Tourist)
1 month in 2008 (Tourist)

3 months in 2008 (2nd J1 visa)
9 months in 2009 (2nd J1 visa)

3 months in 2009 (H1B visa)

I am on an H1B visa since Oct 1st 2009.

I don't think I pass the Substantial Presence Test (correct me if I am wrong) because in 2009 I spent only 3 months on H1B, and time on J1 is exempt.
So from what I understand I should file as a NON RESIDENT.

But I have been told that I should file as DUAL STATUS because I was physically present in the US in 2009 for more than 183 days.

I am confused. Which one is correct ?

Thank you for your help.

[thomas4242]

I should probably add that i am SINGLE.

[Atlanta Tax Guru]

I need to know:

- What is your home country?

- The nature of your J-1 visas?

There are three types of J-1 visas:

1) For students.

2) For teachers/researchers/scholars.

3) For trainees and interns.

[thomas4242]

My home country is France.

My first J1 was "intern", my second J1 was "trainee".

Thank you,

[Atlanta Tax Guru]

Under both visas, you were a trainee.

Under the tax treaty, the J-1 is good for FIVE years, with a $5,000 treaty exemption.

So, for 2009, you will file as a non-resident alien, filing Form 1040NR-EZ plus Form 8843, claiming the $5,000 treaty exemption.

For 2010 and later, you will file as a resident alien.

If you want our professional help, email me at taxexpert@visataxes.com for a fee quote.