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    victor2ma's Avatar
    victor2ma Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Apr 9, 2006, 03:08 AM
    Is a hi-b holder an American resident?
    My condition is below:
    1. I got hi-b visa at October 15,2005.
    2. I arrived and worked in New York at October 30,2005.
    3. I got my social security card.
    4. I got salary for two months.
    Now, I am filing the income tax return.
    I do not know if I am American resident or not.
    I do not know what kind of form should I use to file my imcome tax return, form 1040 or form 1040nr.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 10, 2006, 09:02 AM
    You are not yet a resident alien, as you have not qualified for the Substantial Presence Test.

    Right now you are a dual-status alien, which means that, if you file immediately, you should file Form 1040NR AND Form 1040. This is a complicated return and you should get professional tax help to file it. You will not be able to claim the $5,000 standard deduction if you file dual-status.

    If you want to wait, you can file in mid-June 2006 and file as a resident alien, filing Form 1040, under the First Year Choice. This will allow you to claim the $5,000 standard deduction if you wait. For this reason, I recommend waiting.

    File Form 4868 to get an extension by 17 April 2006.
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