 |
|
|
 |
New Member
|
|
Mar 12, 2008, 03:36 PM
|
|
To atlanta tax expert or any anyone: dual status or resident
I was in the US on a student visa from 2001-2007. I spent 4 months in 2007 and my immigration petition is pending. Must I file as dual status or resident?
In 2006, I filed as a resident alien (sixth year)
|
|
 |
New Member
|
|
Mar 15, 2008, 07:40 AM
|
|
I have asked this question several times and no one answered.
I was on J1 visa for 6 years and 4 month. On my sixth year, I filed as resident alien.
FOR LAST YEAR, I spent 4 months. Should I file as a resident?
|
|
 |
Full Member
|
|
Mar 15, 2008, 09:31 AM
|
|
Were you outside the US for the remainder of 2007 (other than the 4 months in which you were here)? When you say your immigration status is pending, what exactly do you mean - have you applied for a green card, is that what you mean?
|
|
 |
New Member
|
|
Mar 15, 2008, 01:25 PM
|
|
 Originally Posted by The Texas Tax Expert
Were you outside the US for the remainder of 2007 (other than the 4 months in which you were here)? When you say your immigration status is pending, what exactly do you mean - have you applied for a green card, is that what you mean?
Yes, I left the US after the first 4 months of 2007. I am now overseas. I applied to the government for labor certification on January 2008. But, lawyer did all paper work and recruitment (prelabor approval form) on October 2007 and then filed the application this year.
|
|
 |
Full Member
|
|
Mar 15, 2008, 07:28 PM
|
|
It looks to me like you have a dual status situation going on. Unless you are a resident in 2008 and thus you have residency continuity, it looks to me like your residency really did cease at April 2007. I assume you've re-established residency in your home country?
|
|
 |
New Member
|
|
Mar 16, 2008, 07:49 AM
|
|
 Originally Posted by The Texas Tax Expert
It looks to me like you have a dual status situation going on. Unless you are a resident in 2008 and thus you have residency continuity, it looks to me like your residency really did cease at April 2007. I assume you've re-established residency in your home country?
Thanks for your reply. I returned to my home country, but my application for labor certification has been approved and my immigrant petition is now pending. Does this prove that I have a closer connection to the US.
If you still believe that I have a dual status, will the IRS not accept me to file as a resident alien?
|
|
 |
New Member
|
|
Mar 16, 2008, 07:56 AM
|
|
 Originally Posted by The Texas Tax Expert
It looks to me like you have a dual status situation going on. Unless you are a resident in 2008 and thus you have residency continuity, it looks to me like your residency really did cease at April 2007. I assume you've re-established residency in your home country?
Thanks for your reply. I returned to my home country, but my application for labor certification has been approved and my immigrant petition is now pending. Does this prove that I have a closer connection to the US.
If you still believe that I have a dual status, will the IRS not accept me to file as a resident alien?
I contacted before A CPA to file for me as a dual status, but he refused and wanted me to file as a resident. Is he right? I am not sure and want to see the proper thing so that I can get the right CPA.
|
|
 |
Full Member
|
|
Mar 16, 2008, 11:51 AM
|
|
Yes, if you've actually applied for a green card, then you really don't have the closer connection to a foreign country, although it didn't sound like you'd actually started that process by the end of 2007. I think you have solid grounds to claim your residency continued (file as a resident the full year) but you will of course have to include your foreign income on your US tax return. Claim a foreign tax credit.
|
|
 |
New Member
|
|
Mar 17, 2008, 05:58 AM
|
|
Thanks a bunch for your response regrading my seventh year.
On my sixth year as a J1 (2006), I filed as a resident. I spent 365 days in 2006 in the US.
I have just read in publication 519 that if a J1 student works and complies with the requirements of his visa and will return to his home country , he can file as a non-resident even if he spent more than 5 years.
Is this right? Should I file an amended return and by this way I can get a refund of medicare and social security taxes.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
General Announcement from Atlanta Tax Expert
[ 4 Answers ]
I am about to leave to attend my nephew's wedding, so I will not have ready access to the Internet.
I will try to log on when I can to answer your questions, but expect some delays until I return Sunday evening.
To atlanta tax expert: resident or nonresident
[ 1 Answers ]
I spend 6 years and 4 months in the US on a student visa. ON my SIX year, I filed as a resident alien for taxes. In the seventh year, I spent 4 months, should I file as a resident alien, DUAL status or nonresident alien. My application for immigration is pending and am overseas.
For Atlanta Tax Expert
[ 2 Answers ]
Hi Atlanta Tax Expert,
Thanks, again.
I will claim my wife's deduction as per your suggestion and will keep her fee receipts, just in case the IRS decides to inquire about. One more question -
My wife is an MBA student working towards her credits. We paid around $10000 in 2007. What would be the...
Dual-status resident, H-1B, tax treaty, which form ?
[ 1 Answers ]
I am a dual-status resident (2006) and H-1B holder under tax treaty between south Korea and USA. Which 1040 form (1040, 1040NR, or 1040NR-EZ) will be proper for me?
and Form 8833 is needed or not ? Is there any sample form for my case ?
I couldn't figure it out even after looking over IRS...
View more questions
Search
|