Ask Experts Questions for FREE Help !
Ask
    kouipo's Avatar
    kouipo Posts: 1, Reputation: 1
    New Member
     
    #1

    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.

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,784, Reputation: 846
    Senior Tax Expert
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

H1b, nonresident alien or resident alien? [ 2 Answers ]

Here is my situation: I am an Chinese citizen and came to US on 27th August 2008 on H1B Visa. Since 27th August 2008, I have been working in USA. However, I do not satisfy the Substantial Presence Test. From January to June 2008 I received salary from Chinese company. Now I am about filing taxes...

Resident alien married to Nonresident alien- 1040 details [ 2 Answers ]

Hello, I have a straightforward question: I am a resident alien who is married to a nonresident alien. We have one child who is my dependent. I will be filing as head of household and will claim an exemption for my wife (she does not work) and for my child. Do I still need to write my wife's...

Resident alien, nonresident alien or dual status [ 1 Answers ]

Good morning, I arrived in US on Jan 6, 2004 with F-1 visa. I graduated in May 21, 2007. From May 21, 2007 until November 30, 2007 I was with OPT (that is considered still F1) and worked for a company in US. From October 1st until now (2008) I am under H1B visa working for the same company...


View more questions Search