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mahesh_reddy
Feb 19, 2007, 03:15 PM
Hello Atlanta Tax Expert,

I came to US for the first time on Aug 24th 2006 (completing about 130 days in 2006) and I am on L1 B Individual Visa. My nationality is Indian and I am unmarried.

1) What is my Tax status - resident or non-resident?
2) Can I get my FICA Taxes back?
3) If I file as a resident, will I be eligible for EIC? (my income on my W2 is $12696)

Thanks

AtlantaTaxExpert
Feb 19, 2007, 09:45 PM
1) You are a non-resident alien. File Form 1040NR or 1040NR-EZ.

2) Negative. Like H-1 and H-1B visa holders, L-1B are subject ot FICA taxes.

3) You CANNOT file as a resident alien. The best you could do is dual-status, and dual-status aliens are NOT eligible for the EIC.

mahesh_reddy
Feb 22, 2007, 07:05 PM
Can I fill 4868 form and wait till June 2007 and then file as a resident?

AtlantaTaxExpert
Feb 23, 2007, 12:18 AM
No, that option is available ONLY IF you are married.

mahesh_reddy
Feb 24, 2007, 06:02 PM
Can I claim some adavantage of tax treaty (exemption) for the foreign country (India)??

AtlantaTaxExpert
Feb 25, 2007, 12:46 AM
No!

mahesh_reddy
Feb 25, 2007, 08:53 PM
Thanks a lot. For your replies.
I guess there is no scope for me to save some bucks.

AtlantaTaxExpert
Feb 26, 2007, 11:18 AM
Apparently not! Sorry!