pk
Level 15
Level 15

Get your taxes done using TurboTax

@echo0o , while agreeing with @Opus 17  on US banks requiring a tax id  for all accounts   and treating you as a tax resident ( because you have SSN and because you are actually living in the USA ) even if both your visa status  and the IRS taxing status is still "Non-Resident Alien".  The reason is  that with an SSN they will issue a 1099-INT for interests earned  ( and to be reported on form 1040 ), else they will  issue a 1042-S and you will report this on form 1040-NR.  Since you will meet the substantial presence in the future , it may be easier to leave your bank account as "Resident".  For filing 1040-NR , you still use the 1099-INT the same way.

 

The issue of being able to apply the article 20 of the US-France treaty  hinges on  definition of "researcher" --- the tax treaty does not define this , however, Title 8, USC, Chapter 12, 1101 defines  the  researcher  and issues a J visa.  If you had a J visa, we would be talking about this at all.  But because  you have H-1b and not J,  you are at a disadvantage here because your employer classed you as a special capability worker and researcher ( even if you are actually a researcher ) by applying for a  H1-b  rather than J-1 visa.   As I see it you have two options here :  (a) exclude the income for the two years  as if you were J-1 and let the IRS decide if  they agree with you  -- you may have to bolster this by being ready to argue your case with job description from your employer  OR (b) request help from your employer to get your visa adjusted.  My preference would  be to follow the latter path, so it is a clear determination by competent authority.

 

Good Luck