Contact UsHi all, I was wondering if someone could get me a hint whether or not I am a non-residential alien or a residential alien in the US. I am German and arrived on 07/26/2017 on a J1 visa for a postdoc position (paid here in a Biotech company) in Massachusetts.
I did have two J1 visas previously. In 2003/04 for a year of high school in the US and 2011 (4 months paid job at a US university). So, am I know still a non-residential alien?
Many thanks!
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John Stancil
You are a residential alien if you meet the substantial presence test. To meet this test, you must be physically present in the United States (U.S.) 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 that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
You also qualify as a resident alien if you possess a green card. If you don't meet either test you are a non resident alien.
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347 weeks ago
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 that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
You also qualify as a resident alien if you possess a green card. If you don't meet either test you are a non resident alien.