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H4 to h1 Tax Effective Date

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  • H4 to h1 Tax Effective Date

    Hello Experts,

    From H4 visa I got transferred to H1B visa on the month of October 2012 and received my SSN on the end of Dec 2012. Now I need to file the tax for 2012 year

    Could anyone please help me with the following questions
    1. Do I need to file the tax using TIN or SSN? (I am already having ITIN)
    2. Does the payroll be considered from the day I received my H1B or the day I started working? What will be effective date to consider my tax?
    3. Also, I haven’t worked on 2012.
    4. My spouse will plan to file tax as jointly since I did not worked for 2012, will it work?

    Can you please advise me?

    Thanks.

  • #2
    If your status changed to H1 and you did not work from that day, your are out of status.
    You can file joint return with spouse, and you must use SSN.
    Also, you should write a letter to IRS to update their records with your SSN. They will revoke your ITIN and update your IRS records with SSN.

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