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View Full Version : If B1 and H1 Visa togeter over 183 days in 2010, income tax


honghit666
Aug 13, 2010, 12:55 AM
If B1 visa and H1 visa together is over 183 days, should I fill income tax in USA? What is the scope of the income? Global or just paid by USA employer?


If just B1 visa twice, togetehr is over 183 days, should I fill income tax in USA? What is the scope of the income? Global or just paid by USA employer?


Thanks

AtlantaTaxExpert
Aug 13, 2010, 07:55 AM
You will file a dual-status return and mapy taxes ONLY on the U.S.-sourced income.

However, if you are married, you may the option of filing jointly with your spouse and CHOOSE to be treated as resident aliens for all of the year, in which case you pay taxes on ALL world-wide income and claim the Foreign Tax Credit (using Form 1116).

honghit666
Aug 13, 2010, 08:02 AM
Thanks a lot for your help.

My spouse is still in China. Is it possible for me to choose the option of filing jointly with him and CHOOSE to be treated as resident aliens for all of the year

AtlantaTaxExpert
Aug 13, 2010, 09:23 AM
Yes, it IS possible to file jointly even with your spouse being in China.

Yor spouse's physical location is irrelevent. He/she could be on Mars for all the IRS cares.