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    rubberbandit's Avatar
    rubberbandit Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 30, 2012, 08:10 PM
    J1 to H1B Tax Question
    I entered the USA in late 2009 on a J1 Visa. I worked for 18 months until my visa expired at the start of June 2011. At this point my H1B petition was being processed so I left my job technically was unempolyed for a total of 3 days until my H1B was petition was approved and I returned to work being rehired in the same position.

    My question is how should I file my tax return for the 2011 year - half of which was as a J1 and half as a H1B? Should this be done as a Dual Status alien?

    Also, I received one W2 from my employer this year that covers my earnings for the entire year. Is this correct or should I have been issued two, one for my J1 potion and one for my H1B? I assume I would need two W2's in order to have the information on earnings for each period?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 30, 2012, 09:29 PM
    On J1 you were nonresident for 2009 and 2010. For 2011 you are resident of US for full year. You are not dual status. http://taxipay.blogspot.com/2008/08/us-visas.html
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 31, 2012, 10:36 AM
    I tend to agree with MukatA on this, BUT the tax treaty with your home country MAY have a three-year tenure on the J-1 visa.

    Please identify your home country.
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