Hi ,

I just moved from India on Nov 27 2010.
I Am single and have come here on an H1 B Visa.
What would be my options for filing a return.
As am a non resident alien I can file 1040 NR.
But can I take the first choice and file as a resident Alien.

And how do I get to avoid dual taxation, part of my salary (that's already taxed) is sent to india by my employer and taxed again there.

I intend to stay through out 2011 in the US.

You should file as a non-resident alien. Because of WHEN you arrived, it is likely you received only ONE paycheck for 2010 from your U.S. job, and the $3,650 personal exemption on the non-resident return will probably cover that paycheck, which means you will owe ZERO income taxes for 2010.

If you had no income taxes withheld from that single check, you probably do not even have a legal requirement to file.

You CANNOT file as a resident under First Year Choice because you are NOT married. Without being married, First Year Choice allows you to file a dual-status return, but there is NO tax advantage filing dual-status MOST of the time.


If you need professional help filing your return, email me at [email protected].