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vij11
New Member

Can i file tax return while on h1b and non resident alien?

How Should i file tax? I arrived in the US Work visa on August 10th,2017 along with wife and Kid(dependent visa ).I received my W-2 form from my employer. Can i claim for tax refunds for my wife and kid in spite us being Non resident aliens? In my W-4 form i filed as Single and Non resident alien.

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1 Reply
DS30
New Member

Can i file tax return while on h1b and non resident alien?

It depends -

If you were in the USA for less than 183 days in 2017 and did not meet the green card test or substantial presence test during the 2017 calendar year, you will be considered a nonresident alien for 2017. If you are considered a nonresident alien, you generally will not be able to claim your nonresident spouse or children on your Form 1040NR.

Form 1040NR is not supported by TurboTax. 

Here is a link to the IRS website for Form 1040NR, U.S. Nonresident Alien Income Tax Return.

See this link for more information from the IRS on US Tax Guide for Aliens 

If you are a Nonresident Alien who will become a Resident Alien under the Substantial Presence test in the year following this taxable year, you may elect to be treated as a Dual Status Alien for this taxable year and a Resident Alien for the next taxable year if you meet certain tests. Refer to the First Year Choice area, under Dual-Status Aliens, of Chapter 1 in Publication 519, U.S. Tax Guide for Aliens.


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