Dav1984
May 23, 2012, 08:15 AM
Dear Tax experts,
My wife just started her post-doc job as J-1 research scholar, her visa has been issued for 5 years MAR-2012 / MAR-2015.
At the payroll office the officer said that because she is staying in the USA for more than 2 years she cannot apply for the tax treaty.
I tried to test this condition on glacier website (using my credential) and in any case she can claim for tax treaty benefits for the first two years and after she will become a resident.
The date on the J-1 doesn't matter as what matter is your WILLING or not to stay in the country independently from the authorization (in fact in the glacier website you must indicate both the expiration of the visa and your tentative date of departure that could be earlier).
In our case we don't know if we are going to stay or not as my visa expires on september/12 and our permanence will depend if my visa will be renovated or not.
Thanks for any feedback,
Davide
My wife just started her post-doc job as J-1 research scholar, her visa has been issued for 5 years MAR-2012 / MAR-2015.
At the payroll office the officer said that because she is staying in the USA for more than 2 years she cannot apply for the tax treaty.
I tried to test this condition on glacier website (using my credential) and in any case she can claim for tax treaty benefits for the first two years and after she will become a resident.
The date on the J-1 doesn't matter as what matter is your WILLING or not to stay in the country independently from the authorization (in fact in the glacier website you must indicate both the expiration of the visa and your tentative date of departure that could be earlier).
In our case we don't know if we are going to stay or not as my visa expires on september/12 and our permanence will depend if my visa will be renovated or not.
Thanks for any feedback,
Davide