I am f1 student from India in NY. I was working in NJ for my internship in 2008 summer. Now I have received 2 w-2's from my NJ employer. Everything on these W-2's is just the same except the mentioned states... one says NJ and one says NY.
My question is when I file IT-203, do I use the income from this internship for NY state tax returns or not? ( as per the new rules, I am non-resident for NY as I stayed in NY for less than 11 months in 2008 )

Why did the employer issue 2 W2s? You should get only one W2. Check if one has word Amended on the top?

For NJ: If you are present in a state, then any income earned during this period, must be reported to the state.

For NY: To your resident state, you must report your worldwide income for the year or for the residency period. If you paid taxes to another state, then you will claim credit for those taxes.
Read: Your U.S. Tax Return: Working or Living in Two or More states

I am a student in NY... but my internship was in NJ.
Now with new rules I am non resident to NY as I did not stay in NY for 11 months or more in 2008 as I was out for 2 months for NJ internship.
The employer sent me 2 W2's... I checked them... there is no word as 'amended' on any of them. Just that one states the state as NY and the other one states the state as NJ.

I have done my federal... but for state...
1) I am doing both NJ and NY State taxes
2) In NY state filing, for IT203, do I use wages from the W2 from my employer which states state as NY under state wages? (although I know I was working in NJ, and I earned this wage in NJ and not NY)

SharmG2:

If you still need help with your state returns, email me at [email protected].