Can TN holder get $8000 tax credit as a first time home buyer?

H

hughk

Registered Users (C)
Can TN status holder get $8000 tax credit as a first time home buyer?
I was told that this is not for foreigners.
 
As long as you qualify to file a 1040, you can get the credit. 1040NR filers cannot.

By the way, you can pretty much dismiss any tax advice from someone who uses the term "foreigners" as this has no meaning in terms of taxation. These probably don't think that you should even be allowed in the country. In fact, I'll shorten that to "These probably don't think."
 
Last edited by a moderator:
Thanks I found the followings in the HUD website:

-----------
I am not a U.S. citizen. Can I claim the tax credit?

Maybe. Anyone who is not a nonresident alien (as defined by the IRS), who has not owned a principal residence in the previous three years and who meets the income limits test may claim the tax credit for a qualified home purchase. The IRS provides a definition of "nonresident alien" in IRS Publication 519.
-----------

I have lived in the States a little less than 3 years. I guess this shouldn't be a problem, right? I just bought a house and will be moving into it next month.
 
If you lived in the US for more than 6 months in a year and have a SS number you are considered a resident alien by IRS and can claim the tax credit.
 
Even if you have only an ITIN you can still be considered alien resident, like most spouses of TN/H1.
 
I thought that buying a home shows "immigrant intent" on a TN and that they could deny further TNs? Is that not correct?
 
canucked08 said:
I thought that buying a home shows "immigrant intent" on a TN and that they could deny further TNs? Is that not correct?
Click to expand...

There are plenty of B visitors who own real estate in the US without issues, never mind TNs.

I wouldn't personally buy a house on a TN, or any other non-immigrant work status, unless I could pay cash or had a GC almost completed.
 
Hmm, how far along would you wait to buy? How would they know you had property? Are there questions like that in the I-485 process?

I'm considering buying once I get a 3 year TN, and I will file I 485 as soon as I get that.
 
I put an offer on a house the week I moved down on TN.

Since property ownership is not a sign of immigrant intent, why would it come up during I-485 process?

Besides, when you file I-485, you ARE immigrating, so immig intent is expected, nay, required.

The issue TRC brings up is simply the fact that if you lose your temp job, you now are stuck with a 'cottage' in US that may be difficult to sell spur-of-the-moment while you are back in canada.
 
Last edited by a moderator:
Oh I see, perfect then. I hope I get that TN!!

Spoke with a realtor also and found out you have to come up with 30% down

"I just spoke with my lender and if you don't have your green card, the downpayment amount will be 30%. Everyone is operating on the premise that this tax credit will NOT be extended past the November 30 deadline. All purchases must be closed by that date to qualify for the credit."
 
the downpayment amount will be 30%.
Click to expand...
Could be. There is no law that stipulates or requires this. Simply given the market conditions, your temp status means you're considered a higher risk than most, and thus the lender can demand whatever they deem necessary to mitigate risk.
 
So owning property on a TN, AND having an approved 1-140 are not grounds for denial on their own, but TOGETHER, would I run a risk?

Perhaps its better I don't buy if I'm going to have to wait it out here 5 years and ask for 2 more 3 year TNs?
 
So owning property on a TN, AND having an approved 1-140 are not grounds for denial on their own, but TOGETHER, would I run a risk?
Click to expand...

No. neither runs any risk, together or singly. You run a greater risk of TN denial of entry just because the POE officer has had a bad night.

You are over-thinking all this. get your TN. and sometime in the next 2-3 years, think about getting H1 or refile for EB2, as you will be non-immig for a long time if you stay TN and EB3.

Your I-140 process was probably a waste of time, given that it was EB3. If you aren't EB2 qualified, you would probabaly be better off on h1 for the next 6-9 years as this has no risk.

And if you aren't EB2-qualified, think about working just long enough at this sponsor to getthe required experience for EB2 (4-7 years) and then move on and file EB2 with new sponsor, and get GC in 6 months.
 
Last edited by a moderator:
I feel like I am stuck, I have a 3 year diploma and 8 years experience. I'd like to transfer, to H1, but I don't know if I meet this requirement?

C. "Evidence of education and experience that is equivalent to the required U.S. degree"

Eb2 wants 10 years experience with diploma.
 
By "diploma" you mean Bachelors? If so, you are eligible for H1 (if your job requires a degree). Even if it is a 'diploma' rather than a degree, 4 years experience can be used for h1 to equate the extra year, so you are eligible for H1.

Eb2 is more of a stretch as you need master or bach + 7 years previous experience, and your job needs to require that much education/experience. EB2 PERMs are highly scrutinized.

It took me from 2000 'til 2008 to get my GC, and times were easier then.
 
yikes, did you do H1/EB3?

No unfortunately just a college diploma (film school)

So I'm on a TN as management consultant. My PERM is for a new position, Producer.

But if I were to change to H1, I can't use the same LC/1-140 because the skills asked for was only 2 years exp. + no educ. (because my boss would not pay prevailing wage, we lowered the years in the newspaper ad until it did :/ )

I guess I'd have to restart everything then?
 
Last edited by a moderator:
Of course if you want an EB2, you need to start over. But you do get to keep the priority date of your original EB3 perm, so that should save you some time. As you can imagine, a LOT of EB3's have done the switch to EB2 to get GC. This was at a time when EB3 was ALWAYS the way to file as the quota was never exceeded. I was EB3 simply because it didn't matter back in 2001, and the company didn't want to bother re-filing for me when thebacklogg hit in 2004. So I waited.

But, I doubt if your position would be considered EB2, especially after what you just said about your pay scale.

In any event, you won't be filing I-485 for years, so you have plenty of time to come up with some creative options, including getting a Masters and switching sponsors.. Besides, Congress might just change the rules at some point, opening up EB3, and you would have that I-140 in your pocket.
 
Thanks nelsona,

Looks like I got some planning to do.... I'm thinking the best option is after 2 more years experience here, get an H1, dispute the prevailing wage this time so its not an issue, and start PERM over in EB2 but transfer my 1-140 PD.:cool:
 
Remember that experienced gained at your current position cannpot be used towards your PERM. Your PERM would have to be for a new position.
 
Maybe I should scrap that idea then. I'd have 10 years experience in my field, but not all those years were video producing. I guess they could deny me on that.

But I should at least switch to H1 and then I could transfer employers right, and still use my I 140? I don't think they would withdraw the application.
 
You must log in or register to reply here.
Top