can F-1 student (over 5 yrs) file 1040 as a RA

The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before.Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

* A foreign government–related individual,
* A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
* A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
* A professional athlete temporarily present to compete in a charitable sports event.

以上摘录好象决定了F-1 不论在美国几年, 永远不能file 1040 because of the visa.

I had F-1 for 5 years. No US-China treaty anymore. I am thinking to file as 1040 as RA.Now i am confused.
Please help!

所有跟帖： 

• 你没看exempt individual 的时间限制, F1是5年历年 -stp- ♂ (704 bytes) () 03/07/2006 postreply 14:40:07