hssdhz
Apr 19, 2012, 11:15 AM
I came to the United States in Aug. 2007 to attend undergraduate college under F1 and graduated in May 2011. After using OPT for 3 months, I changed my visa to H1B at Oct. 1st, 2011. Because I was only under H1B for three months, I filed my federal tax return as a Non-resident alien last year (2011). In Fall 2012, I will convert back to F1 and start graduate school. I am curious to find out whether I can claim tax treaty benefits on my fellowships and scholarships for my graduate studies.
I understand that after staying in the US for 5 years, I will have become a resident alien for tax purpose regardless of my H1B visa status. However, it has come to my understanding that many of my Chinese friends who have stayed in the US for more than 5 years can still claim the tax treaty benefits because of "some exceptions to the saving clause apply to all resident aliens (for example, under the U.S.-People's Republic of China treaty)."
This is the part I am not sure if it is applicable to me after I started to work under H-1. Can I still claim the benefits if I convert back to F1 inside the US? If not, would it help if I go back to China and re-enter as F1 student before school starts? Also, I am curious whether it will make a difference if I terminate my H-1 status within certain days. For example, if I terminate before the end of May and go back to China, I will not pass the "substantial test" for either 2011 or 2012.
Thanks a lot in advance for your answer!
I understand that after staying in the US for 5 years, I will have become a resident alien for tax purpose regardless of my H1B visa status. However, it has come to my understanding that many of my Chinese friends who have stayed in the US for more than 5 years can still claim the tax treaty benefits because of "some exceptions to the saving clause apply to all resident aliens (for example, under the U.S.-People's Republic of China treaty)."
This is the part I am not sure if it is applicable to me after I started to work under H-1. Can I still claim the benefits if I convert back to F1 inside the US? If not, would it help if I go back to China and re-enter as F1 student before school starts? Also, I am curious whether it will make a difference if I terminate my H-1 status within certain days. For example, if I terminate before the end of May and go back to China, I will not pass the "substantial test" for either 2011 or 2012.
Thanks a lot in advance for your answer!