[samktm]

First of all, I would like to thank the person who will be providing me with the answer. My question is:

I am currently on H1- B visa status, have been on it for the past one year. Have been working in NYC for the past 2 yrs ( 1 year in OPT and 1 in H1-b) and living in queens. I heard from a friend of mine that I am allowed to classify myself as a non resident since I have no permanent residence here and thus will be able to get refund on New York City tax. Is this correct?

[AtlantaTaxExpert]

He was a non-resident by definition while on OPT.

Once he converted to H-1B, he became a resident by law, even though the H-1B visa is a temporary working arrangement.

[MukatA]

Yes, on H1-B visa once you meet 183 days requirement, you are a resident. You are resident even for NYC.

[AtlantaTaxExpert]

Agreed.

[QQLQ]

He was a non-resident by definition while on OPT.

Once he converted to H-1B, he became a resident by law, even though the H-1B visa is a temprary working arrangement.

Thanks for the answer.

But can you please let me know what is the legal basis (statute, ect) for your conclusion? Many thanks!

[AtlantaTaxExpert]

You would need to contact the New York state tax authorities for the legal basis.