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    onlinetax's Avatar
    onlinetax Posts: 1, Reputation: 1
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    #1

    Mar 26, 2012, 03:07 PM
    H1 to j1 resident or nonresident?
    I came to US in 8/2006 as a Postdoctoral Fellow on H1b (India) and left for India on /10/2009. I filed 2006-2009 Taxes as a Resident alien (4 years). Again I came back to USA on J1 in 12/2010 due to University requirement. Now Filing taxes for 2011 Shall I be Resident or Non-resident alien for tax? As my country has tax treaty with US, So Do I must need to avail the treaty as I am going to stay longer than 2 years? If I file as resident alien for 2011 will it be a J1 Visa compliance issue? I was wondering if any one can advice regarding tax filing for my case, I am confused!
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 23, 2012, 08:36 AM
    Assuming this is your FIRST J-1 visa, you will file as a non-resident alien, filing Forms 1040NR-EZ and 8843.

    Note that you are EXEMPT from FICA (Social Security and Medicare) taxes for 2010 and 2011. Your employer should have started withholding hese taxes effective on 1 January 2012. This is controlled by U.S. tax law.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there if you cannot see it on this page.
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