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Returning Member
posted Jan 5, 2025 12:08:16 PM

Filing H1B Tax Adjustment for 2021, 2022 Based on Treaty

Hi, I want to clarify whether I'm entitled to a refund of all taxes paid for 2021-2022 when I first started as an H1B teacher from Jamaica and if I'm still able to file for this adjustment. I recently received my permanent residence. 

I was recently made aware that there's a tax treaty between the US and Jamaica which should exempt H1B teachers from paying taxes for the first two years. I read some sections of the treaty but it is not very clear whether it would apply specifically to me. There are some other documents relating to H1B workers that indicate they should be treated as resident aliens for tax purposes once they pass the substantial presence test. Just want to clarify before I pay money to file an adjustment and then nothing comes out of it. 

Thanks in advance for any clarification.

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