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    luckytech's Avatar
    luckytech Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 13, 2008, 09:42 AM
    Which tax form to be filed if on H1 visa
    Hi

    I am on H1b visa for the whole 2007 my wife is on H4 and we had a baby in August who is a us citizen. I want to know which forms do I have to file, i.e 1040 as a resident alien or 1040NR. Which one will give me more deductions and do I get child credit if I file form 1040NR. I am from, india so do I get any tax treaty deduction.
    Since I am on h1 visa do I have to pay for social security and medicare taxes also. On my w2 they are taking both medicare and social security tax from my income, even though ia m not a us citizen or a green card do I get these refunded or not.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 13, 2008, 11:35 AM
    You will file as residents form 1040 Married Filing Jointly. You will also claim deduction for your child. You will also get $1000 as child tax credit.
    Yes, you pay FICA taxes; you don't have choice. H1-B is considered dual intend visa.

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