US-China Treaty for H1B

frankfei · ‎April 25, 2025

Hi, I'm a researcher who's qualified for a 3-year US-CHINA treaty benefits. I first landed the states as a H1B researcher and received W2 from my employer. I claimed treaty for the first 2 years and the tax returns are approved by IRS.

The questions is, I am about to file I-485 the green card application in the coming few years, do I have to file a tax amendment to give back or return the benefits I enjoyed before?

thank you so much for in advance!

RobertB4444

No. Your new status as a resident is for all tax forms going forward, not going back. For this year you will have to file without the treaty benefits.

@frankfei

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