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Child Tax Credit
- Thread starter Ari2002
- Start date
Depends
It really depends your status for tax purpose.
1) Resident Alien--If you can pass the so called "substantial physical presence test"--being on H1 more than 183 days for your case. You can claim your child credits by file Form 1040.
2) Non-Resident Alien--If not resident alien. You cannot. You must file Form 1040NR for your tax benefit only.
3) Dual Status--You can be both a Non-Resident Alien and a Resident Alien during the same tax year. (This is classical US style of classification but it's the source of confusions. How can someone be a male and female at the same time?) This usually occurs in the year you arrive in or depart United States or change status, let's say from F1 to H1, during the year.
For detials, you might want to see the IRS bible-- Publication 519:
http://www.irs.gov/pub/irs-pdf/p519.pdf
Good luck!
It really depends your status for tax purpose.
1) Resident Alien--If you can pass the so called "substantial physical presence test"--being on H1 more than 183 days for your case. You can claim your child credits by file Form 1040.
2) Non-Resident Alien--If not resident alien. You cannot. You must file Form 1040NR for your tax benefit only.
3) Dual Status--You can be both a Non-Resident Alien and a Resident Alien during the same tax year. (This is classical US style of classification but it's the source of confusions. How can someone be a male and female at the same time?) This usually occurs in the year you arrive in or depart United States or change status, let's say from F1 to H1, during the year.
For detials, you might want to see the IRS bible-- Publication 519:
http://www.irs.gov/pub/irs-pdf/p519.pdf
Good luck!
Hi Ari2002,
One more tip.
Don't be just "I think I can"? You have to be for sure in terms of tax return which will come to be a very big issue in the interview during the I485 stage.
If you happen to be the dual-status, you can avoid this status by evolving yourself to the Resident Alien stage where only Form 1040 is required. The reason to avoid dual-status is that it requires Forms 1040NR and 1040 both and I bet the USCIS interviewer is more likely not able to understand the IRS's definition of dual-status.
How? read the bible carefully. You will find that you have two choices if you are the first year dealing with dual-status.
Just as I helped a lot folks get rid of the H1B 65000 cap trouble, I want you to be sure to stay away from the future interview trouble.
Good luck.
One more tip.
Don't be just "I think I can"? You have to be for sure in terms of tax return which will come to be a very big issue in the interview during the I485 stage.
If you happen to be the dual-status, you can avoid this status by evolving yourself to the Resident Alien stage where only Form 1040 is required. The reason to avoid dual-status is that it requires Forms 1040NR and 1040 both and I bet the USCIS interviewer is more likely not able to understand the IRS's definition of dual-status.
How? read the bible carefully. You will find that you have two choices if you are the first year dealing with dual-status.
Just as I helped a lot folks get rid of the H1B 65000 cap trouble, I want you to be sure to stay away from the future interview trouble.
Good luck.