I am a H1B visa holder since November, 2001. I came to my home country in August, 2006 and applied for my visa extension in the American Embassy. Since August, 2006 I have been waiting for my security clearance and couldn't go back to US. However I've been working with the same employer in my home country and getting paid in US.

Following are my questions:

Should I be considered as a resident alien if I file my 2007 taxes or I will be considered as non-resident alien?

Can I get any benefit in tax return amount since I have been out of US since August 2006?
I will appreciate if you could help me with my tax returns.

Who is paying you the wages? Your U.S. employer or the employer in your home country? Will you get W2? Is your employer withholding the U.S. taxes?

It does not matter who is paying your wages.

When your H-1B visa expired, you became a non-resident alien when you left the country.

At the end of that year, the U.S. lost ALL CLAIM to tax your wages regardless of who pays you. It will stay that way as long as you are NOT in the United States.

If your employer is withholding U.S. taxes, tell him to STOP and refund the money withheld for 2007, as there is STILL time for the employer to amend his employment tax returns.

I had a valid H1B extension petition until Nov-07. However I couldn't go back to US after August-06 because I didn't have a visa stamped on my passport and I've been waiting for security clearance.

In 2006 I filed taxes without expatriate dual-status and Form 1040NR.
In 2007 my employer deducted all the taxes from my salary and sent me W2 also.

Following are my question:

-- Should I be filing 2006 tax correction first for expatriate dual-status and Form1040NR?
-- Is employer right in deducting all 2007 taxes from my salary? Or I should be reimbursed every tax deducted by the employer from my payroll including social security and medicare?

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Originally Posted by AtlantaTaxExpert

It does not matter who is paying your wages.

When your H-1B visa expired, you became a non-resident alien when you left the country.

At the end of that year, the U.S. lost ALL CLAIM to tax your wages regardless of who pays you. It will stay that way as long as you are NOT in the United States.

If your employer is withholding U.S. taxes, tell him to STOP and refund the money withheld for 2007, as there is STILL time for the employer to amend his employment tax returns.

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Detailed answer provided by email.

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Yes I got it... Thank you very much

Quote:

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Originally Posted by AtlantaTaxExpert

Detailed answer provided by email.

Did you get it??

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Great!

Quote:

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Originally Posted by AtlantaTaxExpert

When your H-1B visa expired, you became a non-resident alien when you left the country.

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rushaway did not say this in his post that his H1-B visa has expired.

He gave more details in the email he sent me.

The advice given in my response is proprietary, so I cannot share it.

Expat Tax Returns - Tax Returns for Expats, Expatriates living abroad Feel free to visit the FAQ about expatriate tax returns on my site. If your question is still not answered feel free to contact me. I would love to help you with any questions you may have.

Expatriate:

You are answering a post that is THREE years old.