[leggles]

A H1B (or any non resident visa) holder can only specify one withholding on a W4, correct? Is this true even if you are then classed as a resident for tax purposes?

[AtlantaTaxExpert]

Technically, yes, but enforcement by the employers is lax.

\If you are SINGLE, claim SINGLE with one allowance.

If you are MARRIED and your spouse does not work, claim MARRIED with TWO allowances. This is permitted for MARRIED H-1B workers.

If you have children, add one allowance per child.

If you are MARRIED and you BOTH work, the spouse with the HIGHER income claims MARRIED with ONE allowance, while the spouse with the lower income claims SINGEL with ZERO allowances to OVER-withhold to cover for the higher withholding requirement for a two-income family.

[lalji]

Atlanta tax expert,
I am on h1b visa but am a resident for tax purposes. I am married and have one child. My wife is on h4 visa. Do I still get 3 exemption s even though I am resident for tax purposes. Can you send me IRS link which says h1b workers cannot claim more than 3 exemptions on w4. Thanks.

[AtlantaTaxExpert]

No, I cannot send you that link. I read it years ago in one of the IRS pubs.

Logically, you SHOULD be allowed to claim MARRIED with three allowances, and if your employer lets you do it, go for it.