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    ranchod's Avatar
    ranchod Posts: 8, Reputation: 1
    New Member
    		  
    #1

    May 8, 2009, 03:52 PM
    Change of Visa Status
    || Sarvam Krishna Arpanam ||

    Hi,

    I am from India on a h1b visa.

    I came to US on the 6th December, 2008. I had filed my state and federal taxes for 2008.

    1) Is it possible for me to convert to a J1 Visa (in December 2009) ? Assuming my employer ( a research institute) is ready to do so ? Are there any leagal hurdles?

    2) Will I be able to use the India-US tax treaty (J1 Visa) for the year 2010 (considering I had stayed in the US during the whole of 2009) and get exemption from all of the taxes, medicare and social security?

    Regards
    Prakash
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 11, 2009, 10:08 AM
    1) No, there should be no problem, but this is actually a legal question that should be posed to an immigration attorney.

    2) Yes, no problem, provided your research institute is a non-profit organization.
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