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New Member
posted Apr 17, 2020 10:13:01 AM

I have reached USA on 10 Jan 2020 on my H1B visa. I wanted to know if I am eligible to receive stimulus check?

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2 Replies
Expert Alumni
Apr 17, 2020 10:46:34 AM

I haven't seen specific IRS guidance on your situation, but probably not until you are classified as a U.S. resident alien for tax purposes with a social security number valid for employment.

 

You won't be classified as a U.S. resident alien until you have met the Substantial Presence Test in IRS Publication 519 at this link by being present in the U.S. for 183 days.  If you do (and meet the other requirements in Pub 519) you may be able to file a 2020 U.S. Form 1040 tax return as a U.S. resident  alien for the period starting January 10, 2020.

 

To be eligible for a stimulus payment, you must meet these eligibility requirements, according to the IRS Economic Impact Payment Information Center website at this link:

  • Are a U.S. citizen or U.S. resident alien;
  • Cannot be claimed as a dependent on someone else’s return;
  • Have a Social Security number (SSN) that is valid for employment (valid SSN); and
    • Exception: If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, then only one spouse needs to have a valid SSN
  • Have adjusted gross income below an amount based on your filing status and the number of your qualifying children.

New Member
Apr 17, 2020 12:52:19 PM

Thanks for the quick response.

 

I have valid social security number for employment but I will not pass the substantial presence test since I was not here in US on 2019. Let me know what will happen in this case.

 

Thanks.