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    Misha81's Avatar
    Misha81 Posts: 1, Reputation: 1
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    #1

    Aug 28, 2013, 12:15 AM
    H1b visa staying less than 183 days in the Us
    Hello,
    I have had an h1-b visa for 3 years and now I am in my home country for the summer. My country and the US have a tax double tax exemption treaty.
    If I stay in my home country for more than 183 days, can I claim all my US paid taxes and pay taxes to my home country instead?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Aug 28, 2013, 05:22 AM
    If you return to the U.S. before spending 183 days in your country, you will file a U.S. tax return claiming all world-wide income. It will be as if you never left.

    However, if you end the year in your home country, then you will file a dual-status return and pay taxes to each country only on income earned in each respective country.
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