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    rganesam's Avatar
    rganesam Posts: 1, Reputation: 1
    New Member

    Mar 25, 2007, 07:44 PM
    Re-entering US with L1 visa
    My friend has stayed in L1 visa for 11 months in US in his L1 visa. He was paid in
    India and in US as allowance. Now after 11 months he has been asked to go back
    To India and come back after 2 months again on the allowance based pay. Will this
    Create any problem when he come back to US after 2 months on a allowance based
    Employee. Basically, seems like the company is pretending to make him as a
    US based employee and they are trying to keep him as a employee paid by allowance,
    Not sure why. May be if they want to get him here as employee, they have many
    Process. He was wondering if he will face any issues with the immigration or IRS
    When he come back to US again after 2 months. Your immediate response is
    Greatly appreciated.

    If my question is not clear, please let me know I will rephrase it.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert

    Mar 29, 2007, 11:31 AM
    His stay exceeded 183 days, so he will probably have to file as a non-resident alien, filing Form 1040NR-EZ.

    If he is married, he may be able to file jointly with his wife and choose to be treated as a resident alien.

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