1040NR J1 VISA

[Pacun]

I paper filed 1040NR for J1 Visa holder who lived in Virgina the whole 2010. Previous preparer filed a 763 (VA non-resident) form. I believe that's wrong because he was non-resident for the US but a resident for VA.

Forget about VA and tell me what would you do if you have a J1 visa holder who lived in your state for the whole 2010 and you filed 1040NR.

Thanks.

[Gail in Virginia]

He lived in the US for the whole of 2010, and yet was considered a non-resident. I don't see how he could be a resident of Virginia if he is not a resident of the US.

[DevM]

He lived in the US for the whole of 2010, and yet was considered a non-resident. I don't see how he could be a resident of Virginia if he is not a resident of the US.

NJ will consider it as NR (Same as federal)

[jainen]

>>how he could be a resident of Virginia if he is not a resident of the US<<

Virginia residency is defined under a different law than the federal. In the same way, a taxpayer could be a resident of two states at the same time.