WITAXLADY Posted March 30, 2020 Report Posted March 30, 2020 Guy from India got his H1B work visa in Dec 2019 - how do I file his taxes? been working here at a local business since 2017 single. Than you, D Quote
WITAXLADY Posted March 30, 2020 Author Report Posted March 30, 2020 from what I understand - file for 2019 - 1040NR and 2020 - 1040... correct? Thank you, D Quote
Pacun Posted March 30, 2020 Report Posted March 30, 2020 It depends on what kind of visa he had prior to H1B and how many days was in the USA in 2019 and possible 2018 or 2017. Quote
WITAXLADY Posted April 1, 2020 Author Report Posted April 1, 2020 lived here since 2017 - so does that count for the 183 days? F1 student visa Quote
Pacun Posted April 1, 2020 Report Posted April 1, 2020 If you have F1 visa, you don't exist in the US... basically you are invisible. You don't accumulate physical presence in the US for the first 5 years, provided you stay within the requirements of the visa. For example, if I come and study and don't violate the visa requirement, I am invisible. On the other hand, if I start working in the U.S. in violation of the visa status, I am technically not covered under the visa and I should accumulate physical presence. As you stated, in 2020 you should be able to file 1040, so the question is only for 2019. See if there is a difference in tax due or refund before you dig more. 1 Quote
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