Resident Alien or Non Resident Alien

[zubair1599]

I worked in USA from Jul16 to Dec17 and H1B valid till Jul18. I left USA to renew Visa which was put on hold.My Immigration Petition I-140 approved in 2018. Should I File TAX 2018 as Resident Alien or Non Resident Alien?

[DanaB]

You will have to file your taxes as a non-resident if you do not meet the green card test or the substantial presence test.

You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

If you meet the green card test at any time during the calendar year, but do not meet the substantial presence test for that year, your residency starting date is the first day on which you are present in the United States as a Lawful Permanent Resident. However, an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident may choose to be treated as a resident alien for the entire calendar year.

[Edit 4/9/2019 4:25]

[zubair1599]

Thanks for the answer. Does I-140 (Immigration Petition Approved) means i qualify for green card? Green Card is not issued yet.

[zubair1599]

I left USA on 1 Jan 2018

[DanaB]

Sorry, I understood that you had gotten the green card because the Immigration was approved. If you haven't received the Green Card yet then you will have to file as non-resident and use our partner: <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/replies/4028799">https://ttlc.intuit.com/replies/4028799</a>

You are a Lawful Permanent Resident of the United States, at any time, if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You generally have this status if the U.S. Citizenship and Immigration Services (USCIS) issued you an alien registration card, Form I-551, also known as a "green card."

[zubair1599]

One final question, my dependent son (1.5 years) born in USA and is US National. Does this makes any difference? Can I claim benefits?