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F-1 visa expired during the year, filing 1040 and 8843?

Discussion in 'Individuals' started by pavito, Mar 26, 2013.

  1. pavito

    pavito Junior Member

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    Hello everyone,

    I just joined this forum and I need an advice on my 2012 tax filing. I was a bachelor's student in the U.S. and my F-1 expired in august 2012 when I officially graduated. As I file my returns now, I am no longer in the U.S. (studying in Europe) and I am not sure how to reflect this change in the middle of the year of my status on the federal return 1040nr-ez and the 8843. For example, "Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status? If you answered “Yes,” indicate the date and nature of the change" is a question on the 1040 and do you think I should explain here that the F-1 has expired, when, etc..? I attach my I-20 forms also, where they can see that I was a student and I graduated. And of course, I will attach a copy of my U.S. visa. But my question is if I have to answer yes or no and how to explain it? On the 8843, they ask: "Current nonimmigrant status and date of change" so currently I have no U.S. visa anymore, what shall I put?
    If anyone can give me any advice on this, I will greatly appreciate it. Thank you in advance!
     
  2. Lisa Cole

    Lisa Cole Junior Member

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    Re: F-1 visa expired during the year, filing 1040 and 8843?

    Hello,

    As per the information you provided, you were an undergraduate student in the USA and an F-1 visa holder. F-1 visa holders are considered “exempt” individuals for the first 5 years they are physically present in the USA. So if during 2012 you were on F-1 for less than 5 or fewer calendar years, you must file form 1040-NR and attach form 8843 to substantiate your non-immigrant status. Schedule OI of form 1040-NR (page 5) is requesting additional clarifications like the one you have mentioned in your email. The question "Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status? Should state NO. It is because you have not changed your visa from F-1 to any other visa. You have simply left the United States when your visa expired.
    "Current nonimmigrant status and date of change” – enter the following information “Not in the USA – No US Immigration Status”



    Hope that I could help!

    Cheers,
    Lisa
     

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