L1B (SSN) + L2(SSN) - substantial presence test when left US in Jan 2020


I have filed my 2019 & 2018 returns as resident alien 1040 as married filing jointly.

I travelled from USA to india on 8th January,2020 for the project purpose and planned to travel back in March’2020, but unfortunately/fortunately due to lock down and travel restriction I couldnt travel back.

I plan to travel back to the USA as soon as the flights get back in operation

My question is for the stimulus checks how’s the substantial presence test calculated ? I read that you need to be present for atleast 30 days in the current year(which i believe is 2020). In my case I havent completed 30 days in the current year yet but i was in the usa for the entire 2018 & 2019. and also i plan to be in the USA as soon as the situation is back to normal so i will eventually complete 30 days in the current year.

Will i be eligible ? Currently i am getting the status as “Status not available”

Have you filed 2019 tax return?

Yes @Anil.Gupta - I left USA on 8th Jan 2020 and I filed my 2019 returns on 14th April,2020

In that case, you should be eligible to get the check.

Any idea about the substantial presence test ? As mentioned in my post i have not completed 30 days in the USA for the year 2020

I cannot do the calculation for you. You have to do it yourself based on the criteria given on the IRS site.

Or use this App to check if you pass the IRS substantial presence test.

I did that sir, and thats where I have a question and trying to understand from the gurus.
the substantial test mentiones to have a presence of 30 days in the current year. I am not sure what to be considered as current year ? Would it be 2020 ? If 2020, then I am not completing 30 days today, but i will complete by the end of the year.

So i think mine is a very specific scenario

The presence test has to be done before filing the tax return to find out which tax form you should use.

So, in your case, it should have been done keeping the current year as 2019 and not 2020.

Got it Thank you @Anil.Gupta