I am considered a nonresident alien for the tax year 2015. As such I have to file Form 1040NR of which Schedule OI is a part of. One question on the Schedule OI asks this: "H. Give number of days (including vacation, nonworkdays, and partial days) you were present in the United States during: 2013, 2014, 2015."

The instructions, however, say:

For the list of exceptions to the days you must count as actually present in the United States, see Days of Presence in the United States in chapter 1 of Pub. 519.

That publication says "Do not count days for which you are an exempt individual". A category of exempt individuals is students with a "J" visa, which is my case.

So in that question in Schedule OI, do I input -0-, or do I input the number of actual days?


1 Answer 1


The publication is really clear about what counts as a day of presence. If it says "Don't count" - then don't count. Why are you confused?

  • Because I can use Form 8843 to claim exemption.
    – gberger
    Jan 30, 2016 at 4:25
  • 1
    What does that have to do with anything?
    – littleadv
    Jan 30, 2016 at 4:26
  • If you're clearly not an expert on the matter, why bother answering?
    – gberger
    Jan 30, 2016 at 4:30
  • I'm still waiting for you to explain why you're confused. What's in "Don't count" confusing you? And you probably missed the fact that vast majority of my rep on this site is from tax answers. So clearly, I'm a better expert than most.
    – littleadv
    Jan 30, 2016 at 4:38

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