pk
Level 15
Level 15

Get your taxes done using TurboTax

@TitniumWolf , thank you for your answers.  Namaste ji

Should I then assume that your visa was adjusted to  H-1B sometime in 2022/2023  ( you were exempt till 12/31/2023 or when adjusted to H-1B).  Please confirm, just for completeness.

So the best guess would be that you were a dual status in 2023, Resident for 2024 and had about 90 days in 2025 towards SPT.  If the above is correct ( again correct me / my assumptions ), then for 2025  you would again be  dual status -- 1/6th of days present in 2023, 122 days for 2024  ( 1/3  of days present ) and 90 days in 2025.

Thus you will file  a form 1040  covering your world earnings through 03/31/2025  and a form 1040-NR covering ONLY US- sourced  income.  Note that TurboTax does not support form 1040-NR -- so you can either use a service like SprinTax or local CPA ( since everybody in India seems to use CPAs for Tax filing) familiar with  Tax treaty.  It is not difficult and the form 1040-NR is available in fillable pdf  at www.irs.gov

(1) Note that this would mean you have  file by mail --  The form 1040 needs to be marked at the top "  DUAL STATUS FILER ", both 1040- and 1040-NR needs to signed and dated and together mailed to the IRS.

(2) Note  that you have to use Itemized deduction because your 1040 does not cover a full calendar year.

(3)  Note  that  you also have to file a state return ( short year), covering the resident period i.e. till you left the country.

(4) Your employer and/or you have to in form USCIS that you have left the country and that your H-1B is terminated.

The US based stocks/bonds etc. that you own and dispose off will come under the tax treaty.   Also any taxes imposed by US on this ( i.e. post your departure from the US ) income is eligible for Foreign Tax Credit in India.

This is the general situation / comment. 

If you need more detailed  answer  to your specific situation, you can either add to this thread or PM me   ( NO PII -- Personally Identifiable  Information, please ).

Does this make sense ?   Is there more I can do for you ?

 

Namaste ji

 

pk