[Basilabraham1]

Hi ,
Will I get the tax returns if I stay less than 180 days in 2010 and continue to stay in 2011?
Please let me know.

Regards,

[wnhough]

QUOTE," if I stay less than 180 days in 2010 . . ."--- I do not know what your visa status is; however, if you hold either F1 or J1 visa( as a student), then regardless of your earned income,evenyou were in the U.S. even 1 day in 2010, you must file Form 8843.I fyou have earned income( perhaps from either CPT or OPT), you must file 1040NR-1040NR-ez with the form 8843 for the next five years.

If you hold J1 visa as a reseracher, academic or teacher, can be totally exempt from all federal taxes for a period which is set by treaty between the US and your home country,but in most states, the tax exemption does not apply to the state income tax. Hence, while your income may be exempt from federal income taxes and the FICA taxes, you must still pay the state income tax most of the timeYou must file your state tax return(if aplicable).


If you hold the nonimmigrant visa, either H1-B and H4, then your income in the U.S. is subject to FICA (Social Security and Medicare) taxes and income taxes, bothFed and State taxes.


If you are a US resident, and your income is below a certain level,i.e. $9,350 as a single in 2010, then you do not have to file your tax return unless you claim tax credit(s) or owe the IRS some special tax,i.e. netearnings from your self-employment ( if applicable) is at least $400 or etc.

[Basilabraham1]

I am H1 B holder, I came to US on July 2010. My visa is valid till 2012. As I will not complete 180 days for 2010 tax year, will I be eligible to file returns which I paid as tax for this year, my yearly salary is 65K.

[wnhough]

QUOTE," As I will not complete 180 days for 2010 tax year, will i be eligible to file returns which I paid as tax for this year, . . ."---Yes, as said above; as you know, your visa, H1B is an employment visa. So,you must file either 1040NR/1040NR-EZ and you are alsosubject to FICA (Social Security and Medicare) taxes and your income taxes, both Fed and State taxes( if your state imposes income taxes) regardless of your SPT, the residency test.
As you entered the US, actually after the July 2nd( I guess),you won't be able meet the SPT( ;US>183days).So, you must file your 1040NR/1040NR-EZ. However, you MAY be able to file a dual-status tax return( filing both 1040nr/1040nr-ez and 1040/1040A/EZ at the same time) under the First Year Choice. "The First Year Choice option requires that you be in the United States for at least 31 days in a row in 2010 AND be present in the United States for at least 75% of the number of days from the beginning of your 31 consecutive day period and ending with the last day of 2010. You will also have to file a statement with your return concerning the First Year Choice."
I do not know if you are married or single. If you are married and your spouse is with you on a H-4 visa, both you and your spouse can choose to be treated as resident aliens, regardless of whether you entered the United States before or after July 2nd 2010. If you arrived before July 2nd 2010, as dual-status. If you arriving after July 2nd 2010, you would have to use the First Year Choice option as said above to meet the requirements for choosing to file also as a resident alien.

[MukatA]

I am H1 B holder, I came to US on July 2010. My visa is valid till 2012. As I will not complete 180 days for 2010 tax year, will i be eligible to file returns which I paid as tax for this year, my yearly salary is 65K.

On H1-B, which is work visa, you must pay social security tax, Medicare tax and income taxes irrespective of number of days in 2010. If you did not complete substantial presence test in 2010 and you are not married, you will file non-resident tax return Form 1040NR or 1040NR-EZ. You can claim moving expenses on Form 3903. Your U.S. Tax Return: The U.S. Visas