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    honghit666's Avatar
    honghit666 Posts: 6, Reputation: 1
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    #1

    Aug 13, 2010, 12:55 AM
    If B1 and H1 Visa togeter over 183 days in 2010, income tax
    If B1 visa and H1 visa together is over 183 days, should I fill income tax in USA? What is the scope of the income? Global or just paid by USA employer?


    If just B1 visa twice, togetehr is over 183 days, should I fill income tax in USA? What is the scope of the income? Global or just paid by USA employer?


    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Aug 13, 2010, 07:55 AM
    You will file a dual-status return and mapy taxes ONLY on the U.S.-sourced income.

    However, if you are married, you may the option of filing jointly with your spouse and CHOOSE to be treated as resident aliens for all of the year, in which case you pay taxes on ALL world-wide income and claim the Foreign Tax Credit (using Form 1116).
    honghit666's Avatar
    honghit666 Posts: 6, Reputation: 1
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    #3

    Aug 13, 2010, 08:02 AM

    Thanks a lot for your help.

    My spouse is still in China. Is it possible for me to choose the option of filing jointly with him and CHOOSE to be treated as resident aliens for all of the year
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Aug 13, 2010, 09:23 AM
    Yes, it IS possible to file jointly even with your spouse being in China.

    Yor spouse's physical location is irrelevent. He/she could be on Mars for all the IRS cares.

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