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ranchod
May 8, 2009, 03:52 PM
|| Sarvam Krishna Arpanam ||

Hi,

I am from India on a h1b visa.

I came to US on the 6th December, 2008. I had filed my state and federal taxes for 2008.

1) Is it possible for me to convert to a J1 Visa (in December 2009) ? Assuming my employer ( a research institute) is ready to do so ? Are there any leagal hurdles?

2) Will I be able to use the India-US tax treaty (J1 Visa) for the year 2010 (considering I had stayed in the US during the whole of 2009) and get exemption from all of the taxes, medicare and social security?

Regards
Prakash

AtlantaTaxExpert
May 11, 2009, 10:08 AM
1) No, there should be no problem, but this is actually a legal question that should be posed to an immigration attorney.

2) Yes, no problem, provided your research institute is a non-profit organization.