[kouipo]

Hi.. I have 2 questions

1# I came to the US with F1 visa in 2006 and graduated in May 2008. From June 2008 to Oct 2009, I was on OPT visa which was considered as F1. Then, my company sponsored me to apply H1-B visa. Now I am on H1-B visa and was wondering that which category I fall to.

a. Nonresident alien required to obtain ITIN to claim tax treaty benefit

b. Nonresident alien filing a U.S. tax return and not eligible for an SSN

c. U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

d. Dependent of U.S. citizen/resident alien _ Enter name and SSN/ITIN of U.S. citizen/resident alien (see instructions)

e. Spouse of U.S. citizen/resident alien

f. Nonresident alien student, professor, or researcher filing a U.S. tax return and not eligible for an SSN

g. Dependent/spouse of a nonresident alien holding a U.S. visa

h. Other (see instructions)



2# My 31 year-old boyfriend has been living with me for over a year and he is currently on F1 visa. If I has taken care most of his expenses, can I claim him as my dependent? He doesn't have SSN and just stay in the US for study.. have no job.

Please advise.

Thanks

[AtlantaTaxExpert]

WHY are you submitting a Form W-7? If you were working under OPT, you should have a SSN.

You cannot claim your boy friend as a dependent, because he is a non-resident alien.

He is also NOT eligible for an ITIN unless you are married to him.