Hi all, please find below my quick summary:

Aug 2011 - Aug 2013 = F1 student visa [MS]
Aug 2013 - Aug 2014 = F1 OPT

For the year 2014:
Jan 2014 - Aug 25 2014 = F1 OPT
Aug 26 2014 - Dec 31 2014 = H1B

I am working as a researcher at the University of Colorado, Denver.

I was not sure how to do my taxes so I went to an international tax preparer. He says I am tax exempt and will get all my taxed salary back and asked me to add this page while mailing my taxes.

"ARTICLE 22Payments Received by Professors, Teachers and Research Scholars 1. An individual who visits a Contracting State for a period not exceeding two years for the purposeof teaching or engaging in research at a university, college or other recognized educational institution inthat State, and who was immediately before that visit a resident of the other Contracting State, shall beexempted from tax by the first-mentioned Contracting State on any remuneration for such teaching orresearch for a period not exceeding two years from the date he first visits that State for such purpose. 2. This Article shall apply to income from research only if such research is undertaken by theindividual in the public interest and not primarily for the benefit of some other private person or persons."


Is this applicable in my case? I intend on working for more than 2 years on my H1B VISA.

For some reason, I don't feel like I should mail IRS asking for a complete refund... Please clarify this for me.

Thank you very much!
Manya.

Manya,

If it is your intent to work for more than two years, then you should file as a non-resident alien for 2014, and then as a resident alien for 2015 and beyond.

Do NOT claim the full tax exemption, because you would have to pay it back after your researcher tour exceeded the two-year mark.

If you are married, you can file jointly with your spouse and you both CHOOSE to be treated as resident alien, but only after waiting until 1 June 2015 to file.

If you need professional help to file, email me at the email address on my profile.