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Old 02-15-2012, 08:09 PM
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Dual Status Foreing Student/Intern on J1 visa - Status lenght calculations questions

Hi all,

I am a French citizen who first came to the US as something other than a tourist on July 27th 2009.

I was - back then - on a J1 visa as a foreign exchange student.
I remained under that status until I flew back to France on January 18th 2011.
During that period (which consisted of a full academic year as a foreign exchange student at the San Francisco State University and two Academic Trainings), I never got paid.

I came back to CA on March 13th 2011 for a full year internship under a different J1 visa. Indeed, I was no longer a "student" but a "trainee".
This one year internship is paid. I received my first paycheck on April 5th and am scheduled to receive my last paycheck on March 20th.

After contacting the IRS - twice (both meeting with somebody at their San Francisco office and calling their 1-800 number for individual Tax Help, it was determined that I am under a dual status of residency.

I therefore understand that I need to file a 1040, a 1040NR (which I wouldn't sign) and a 8843 form.

My question are:

- Is that dual-status indeed absolutely correct?

- How do I know how many days I should consider myself as a non-resident / resident? What's the calculation process?

- If I was a resident on 12/31/11, I should fill-out the 1040 and sign it, but only include the number of days I was a resident. The number of days I was a non-resident should be on the 1040NR which I should also fill-out and attach to the 1040, only not signed. In addition to these two forms, I should also fill-out form 8843.
Is all that correct?

I am really looking forward to hearing from anybody regarding this as it is quite confusing.

Best,

Edouard.



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