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    coskune's Avatar
    coskune Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 14, 2007, 12:27 AM
    1040 NR or 1040?
    Hi,

    I was a student with J-1 between 1994-2001. In 2001, I started with my academic training and used 36 months (still J-1) until 2004 and always filed as US resident. Between 2004 and 2006 I went back to my country to complete two year home country residency requirement. I came back in AUGUST 06 and since August 06 I am on H1B visa.

    My number of days in the US are
    2004----180
    2005-----0
    2006-----16 with B1 visa (short term conferences) and 130 days with H1B
    2007-----all days

    I have a house and kept the house while I was away. I also have 2 children who are US citizens.

    How should I file my taxes? 1040 or 1040 NR? My employer withholds Social Security and Medicare.

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

    Feb 14, 2007, 10:38 PM
    File as a resident alien. In my opinion, your 1994-2001 visit qualified you for residency status.

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