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F1 student with pending GC application -- resident or non resident alien ?

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  • F1 student with pending GC application -- resident or non resident alien ?

    Hi Folks,

    I am a 4th year F1 full time PhD student at a US university. Recently (in November 2009) my parents (who are permanent residents -- Green Card holders) submitted the I130 green card petition on my behalf.

    If this green card petition was not filed -- then I would be an 'exempt individual' and would be considered a non resident tax alien by the IRS. And hence would have to file the form 1040NR (EZ)

    However, now that this green card petition has been filed -- I am not sure if I am an 'exempt individual' now or not ?. If not, then I think I would be considered a 'resident alien' by the IRS -- since I pass the 3 year substantial presence test. Am I right ? (and hence would have to file the form 1040 (EZ)).

    I would be grateful to anyone who could help me resolve this tax confusion. Additional questions and clarifications are welcome.

    PS: My understanding is based on reading the IRS publication number 519.

    Thanks.
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