I am staying in US since Oct 2009 , I have received the W2 Form.
1. Which form I have to use for tax filing.
2. Will I get my all taxes withheld refunded?

Your visa? Citizenship?

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Originally Posted by MukatA

Your visa? Citizenship?

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I am with L1A, From India

Your income is subject to SS tax, Medicare tax, and income taxes.

File nonresident tax return if you are not married. Also claim moving expenses -- to move from India to the U.S. if you intend to be here for over a year. Complete Form 3903. Your U.S. Tax Return: Moving Expenses

Quote:

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Originally Posted by MukatA

Your income is subject to SS tax, Medicare tax, and income taxes.

File nonresident tax return if you are not married. Also claim moving expenses -- to move from India to the U.S. if you intend to be here for over a year. Complete Form 3903. Your U.S. Tax Return: Moving Expenses

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To be precise, I am in US since 19-Oct-2009. I am married and having a kid.
What are all the exemptions and deductions I have when I file Non Resident. I will be here for another one year or more.

You can file jointly with your wife and you both CHOOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife), plus $3,650 for your child, plus the $1,000 Child Tax Credit.

To apply for an ITIN, you need to complete Form W-7 for your wife and child. You need to make a photocopy of their passports, then get the photocopies notarized. This can be done at your local bank in most states in the U.S.

The downside is that:

• You must wait until 7 June 2010 to meet the Substantial Presence Test before you can file for Tax Year 2009.
• You must declare ALL 2009 world-wide income (wife's and your home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file.