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rushaway · Jan 23, 2008, 07:50 AM

I am a H1B visa holder since November, 2001. I came to my home country in August, 2006 and applied for my visa extension in the American Embassy. Since August, 2006 I have been waiting for my security clearance and couldn't go back to US. However I've been working with the same employer in my home country and getting paid in US.

Following are my questions:

Should I be considered as a resident alien if I file my 2007 taxes or I will be considered as non-resident alien?

Can I get any benefit in tax return amount since I have been out of US since August 2006?
I will appreciate if you could help me with my tax returns.

MukatA · Jan 23, 2008, 11:09 AM

Who is paying you the wages? Your U.S. employer or the employer in your home country? Will you get W2? Is your employer withholding the U.S. taxes?

AtlantaTaxExpert · Jan 23, 2008, 09:05 PM

It does not matter who is paying your wages.

When your H-1B visa expired, you became a non-resident alien when you left the country.

At the end of that year, the U.S. lost ALL CLAIM to tax your wages regardless of who pays you. It will stay that way as long as you are NOT in the United States.

If your employer is withholding U.S. taxes, tell him to STOP and refund the money withheld for 2007, as there is STILL time for the employer to amend his employment tax returns.

rushaway · Jan 24, 2008, 07:26 AM

I had a valid H1B extension petition until Nov-07. However I couldn't go back to US after August-06 because I didn't have a visa stamped on my passport and I've been waiting for security clearance.

In 2006 I filed taxes without expatriate dual-status and Form 1040NR.
In 2007 my employer deducted all the taxes from my salary and sent me W2 also.

Following are my question:

-- Should I be filing 2006 tax correction first for expatriate dual-status and Form1040NR?
-- Is employer right in deducting all 2007 taxes from my salary? Or I should be reimbursed every tax deducted by the employer from my payroll including social security and medicare?

Originally Posted by AtlantaTaxExpert

It does not matter who is paying your wages.

When your H-1B visa expired, you became a non-resident alien when you left the country.

At the end of that year, the U.S. lost ALL CLAIM to tax your wages regardless of who pays you. It will stay that way as long as you are NOT in the United States.

If your employer is withholding U.S. taxes, tell him to STOP and refund the money withheld for 2007, as there is STILL time for the employer to amend his employment tax returns.

AtlantaTaxExpert · Jan 24, 2008, 09:13 AM

Detailed answer provided by email.

Did you get it?

rushaway · Jan 24, 2008, 09:25 AM

Yes I got it... Thank you very much

Originally Posted by AtlantaTaxExpert

Detailed answer provided by email.

Did you get it??

AtlantaTaxExpert · Jan 24, 2008, 10:24 AM

Great!

MukatA · Jan 24, 2008, 10:37 AM

Originally Posted by AtlantaTaxExpert

When your H-1B visa expired, you became a non-resident alien when you left the country.

rushaway did not say this in his post that his H1-B visa has expired.

AtlantaTaxExpert · Jan 24, 2008, 10:48 AM

He gave more details in the email he sent me.

The advice given in my response is proprietary, so I cannot share it.

ExpatriateTaxes · Jun 23, 2011, 08:50 AM

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AtlantaTaxExpert · Jun 23, 2011, 10:07 AM

Expatriate:

You are answering a post that is THREE years old.