I'm a H1B visa holder and my kids are staying with me for the whole year and now. When I file tax, it shows my children are NOT dependent. May I know why?
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I'm a H1B visa holder and my kids are staying with me for the whole year and now. When I file tax, it shows my children are NOT dependent. May I know why?

 
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I'm a H1B visa holder and my kids are staying with me for the whole year and now. When I file tax, it shows my children are NOT dependent. May I know why?

You can only claim your dependents if you and your children are considered resident aliens in the US.  

You and your children need to pass the substantial presence test:

 You need to have 183 days in the US using the following calculation, count all the days of the current year (2017)you have been in the US, count 1/3 of the days you were in the US in 2016 and count 1/6 of the days you were in the US in 2015.  If the days add up to 183 US days or more, then you and your children are a US resident for tax purposes.  

Please see attached for IRS Publication 519: Publication 519 US Tax Guide for Aliens

 


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