H1B Visa, form to use for tax filing

[DynamicGal]

Hello Immihelp,

I was in USA for around 4 months (Jun-2010 to Sep-2010) during 2010 on H1B Visa and currently in India. I received my W-2 from my employer and am trying to file my tax returns.

My doubt is which form should I use f1040-EZ or f1040-NREZ for filing my tax returns?

I have read some where that H1 is considered a resident visa. If it is right then I have to use f1040-EZ. Is it right?

My fren who was an OPT(F1 visa) and currently on H1 for last 4 months told me to use f1040-NREZ, which I'm contradicting.

Please clarify which visa categories are considered non-resident visas and who should use f1040-NREZ?

Thanks in advance.

[achu]

H1B Visa, form to use for tax filing

You can take a look at the Pub 519, from page 4 and up. Page 5 would give you a very simple overview.

[abhayg4]

Hi OP,

Just 4 months on H1 in US will NOT give you RESIDENCY status.

See the below reference:

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Resident alien. A resident alien is an individual who is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year.
Green card test. You are a U.S. resident if you were a lawful permanent resident of the United States at any time during the calendar year. This is known as the green card test because resident aliens hold immigrant visas (also known as green cards).

Substantial presence test. You are considered a U.S. resident if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

31 days during the current calendar year, and

A total of 183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year.


Example.

You were physically present in the United States on 120 days in each of the years 2008, 2009, and 2010. To determine if you meet the substantial presence test for 2010, count the full 120 days of presence in 2010, 40 days in 2009 (1/3 of 120), and 20 days in 2008 (1/6 of 120). Because the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2010.

For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519
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