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

    Feb 21, 2010, 09:56 PM
    Resident Alien / Nonresident alien holding a U.S. visa?
    Hi.. I have 2 questions

    1# I came to the US with F1 visa in 2006 and graduated in May 2008. From June 2008 to Oct 2009, I was on OPT visa which was considered as F1. Then, my company sponsored me to apply H1-B visa. Now I am on H1-B visa and was wondering that which category I fall to.

    a. Nonresident alien required to obtain ITIN to claim tax treaty benefit

    b. Nonresident alien filing a U.S. tax return and not eligible for an SSN

    c. U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

    d. Dependent of U.S. citizen/resident alien _ Enter name and SSN/ITIN of U.S. citizen/resident alien (see instructions)

    e. Spouse of U.S. citizen/resident alien

    f. Nonresident alien student, professor, or researcher filing a U.S. tax return and not eligible for an SSN

    g. Dependent/spouse of a nonresident alien holding a U.S. visa

    h. Other (see instructions)

    2# My 31 year-old boyfriend has been living with me for over a year and he is currently on F1 visa. If I has taken care most of his expenses, can I claim him as my dependent? He doesn't have SSN and just stay in the US for study.. have no job.

    Please advise.

    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,784, Reputation: 846
    Senior Tax Expert

    Apr 22, 2010, 09:54 AM
    WHY are you submitting a Form W-7? If you were working under OPT, you should have a SSN.

    You cannot claim your boy friend as a dependent, because he is a non-resident alien.

    He is also NOT eligible for an ITIN unless you are married to him.

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