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-   -   L1B Visa questions (https://www.askmehelpdesk.com/showthread.php?t=64344)

  • Feb 19, 2007, 03:15 PM
    mahesh_reddy
    L1B Visa questions
    Hello Atlanta Tax Expert,

    I came to US for the first time on Aug 24th 2006 (completing about 130 days in 2006) and I am on L1 B Individual Visa. My nationality is Indian and I am unmarried.

    1) What is my Tax status - resident or non-resident?
    2) Can I get my FICA Taxes back?
    3) If I file as a resident, will I be eligible for EIC? (my income on my W2 is $12696)

    Thanks
  • Feb 19, 2007, 09:45 PM
    AtlantaTaxExpert
    1) You are a non-resident alien. File Form 1040NR or 1040NR-EZ.

    2) Negative. Like H-1 and H-1B visa holders, L-1B are subject ot FICA taxes.

    3) You CANNOT file as a resident alien. The best you could do is dual-status, and dual-status aliens are NOT eligible for the EIC.
  • Feb 22, 2007, 07:05 PM
    mahesh_reddy
    Can I fill 4868 form and wait till June 2007 and then file as a resident?
  • Feb 23, 2007, 12:18 AM
    AtlantaTaxExpert
    No, that option is available ONLY IF you are married.
  • Feb 24, 2007, 06:02 PM
    mahesh_reddy
    Can I claim some adavantage of tax treaty (exemption) for the foreign country (India)??
  • Feb 25, 2007, 12:46 AM
    AtlantaTaxExpert
    No!
  • Feb 25, 2007, 08:53 PM
    mahesh_reddy
    Thanks a lot. For your replies.
    I guess there is no scope for me to save some bucks.
  • Feb 26, 2007, 11:18 AM
    AtlantaTaxExpert
    Apparently not! Sorry!

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