Hi, I am a Chinese researcher entered the US in Nov. 2006 with J1 visa. Since then I have never left the US, so 2008 is my third calendar year present in the US, and now I should complete the tax return as a resident alien, am I right?

According to the tax treaty, there is a tax exempt for me till this Nov. But there was some paperwork problem with my employer, University of California, Los Angeles. So I have paid the federal tax withheld in last spring, for 3 month. Then the following 9 month, the paperwork was completed and I paid no federal tax. The question is, how can I take back that tax I have paid in last spring? Which form should I use?

My income is very simple, only university wage of less than $40,000, $100 bonus from Bank of America for opening account, and less then $500 interest from saving account. That is everything. But I received two forms, the taxed wage in the 3 month is presented on a W-2 form, and the rest is listed on a Form 1042S, then how can I fill in the gross income box, simply add them together?

Thanks a lot!

Loong:

The Chinese tax treaty allows J-1 researchers to claim tax exempt status for THREE calendar years, so all of 2008 is exempt from federal income taxes.