No I am not
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
SusieQQQ
Well-Known Member
Q19. Can F-1 Visa students claim the AOTC?
A. For most alien individuals present in the U.S. on an F-1 Student Visa, the answer is no. Generally speaking, the time spent by an alien individual studying in the U.S. on an F-1 Student Visa would not count toward determining whether he or she was a resident alien under the substantial presence test for federal tax purposes. Thus, if you are an alien individual with an F-1 Student Visa, you are probably a nonresident alien. In general, if you are a nonresident alien for any part of the year, you do not qualify for the AOTC.
However, your parents may qualify for the credit even if you are a nonresident alien student if they claim you as a dependent on their tax return. If you are a U.S. resident filing Form 1040, and your parents do not claim you as a dependant, and you meet all of the other requirements for the credit, you may qualify for the credit.
https://www.irs.gov/newsroom/american-opportunity-tax-credit-questions-and-answers
Correct ..here it says "Thus, if you are an alien individual with an F-1 Student Visa, you are probably a nonresident alien. In general, if you are a nonresident alien for any part of the year, you do not qualify for the AOTC"
Also this
The Substantial Presence Test
A resident alien for tax purposes is a person who is a U.S. citizen or a foreign national who meets either the “green card” or “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.
In general:
- F and J student visa holders are considered resident aliens after five calendar years in the U.S.
- J researchers and professors are considered resident aliens after two calendar years in the U.S.
- H-1, TN, and O-1 visa holders are considered resident aliens once they meet the “substantial presence” test.
If you are treated as a resident alien for the tax purposes then you are eligible to claim those taxes.
Here is a Link for more information.
Great..so ive been in the US for 8 calendar years so in that case I was considered a resident alien - Thank you !
Hi Mom,
I filed my 2019 taxes on June 2020. I am checking my tax account on the IRS website and I cannot find the transcripts for 2019 Tax Return. I am guessing that there are delays in processing due to COVID. I can see my transcripts for the previous years, but not 2019. Is anyone else facing this issue of not seeing their 2019 transcripts on the website?
My question to Mom is: Can I submit a copy of my 2019 Tax Return with form I-944 (rather than submitting a 2019 Tax Transcript)?
I filed my 2019 taxes on June 2020. I am checking my tax account on the IRS website and I cannot find the transcripts for 2019 Tax Return. I am guessing that there are delays in processing due to COVID. I can see my transcripts for the previous years, but not 2019. Is anyone else facing this issue of not seeing their 2019 transcripts on the website?
My question to Mom is: Can I submit a copy of my 2019 Tax Return with form I-944 (rather than submitting a 2019 Tax Transcript)?
I had the same problem; Filed my taxes (paper-based) mid June; just got my money last week. Also, the transcripts of 2019 are showing on my IRS account.
Just be patient and do not file another one (as I was told by the IRS representative)
They've started processing the paper-based filings from August (because of pandemic)
Sm1smom
Super Moderator
You can if you like. Just bear in mind, the tax return doesn't prove you actually filed your income tax, it only shows you filed out the forms. The tax transcript is the actual evidence of tax filing.
@Sm1smom
So, when I login to my IRS account, I see 4 types of Transcrips:
Return Transcript, Record of Account Transcript, Account Transcript, Wages and Income Transcript.
I'm assuming we have to send the 1st one (RETURN TRANSCRIPT) with our I-944; right?
ausdoughnuts
New Member
Hi Mom,
Once my case number is called I will be submitting the I-765 for an EAD along with my I-485 packet. From the spreadsheet I’ve noticed that getting the EAD can take as little as 1 month up to 6 months. Is this random? Or is there a way to get expedite the process?
Is there a cap-gap option from the date my F1 OPT expires to getting a new EAD or green card?
Thanks for all your help!
Once my case number is called I will be submitting the I-765 for an EAD along with my I-485 packet. From the spreadsheet I’ve noticed that getting the EAD can take as little as 1 month up to 6 months. Is this random? Or is there a way to get expedite the process?
Is there a cap-gap option from the date my F1 OPT expires to getting a new EAD or green card?
Thanks for all your help!
SusieQQQ
Well-Known Member
You’re aware that from Oct 2 the I765 is no longer free to file with the i485?
Average EAD processing time so far this fiscal year has been 4.3 months, in line with the averages of the past couple of years https://egov.uscis.gov/processing-times/historic-pt
if you’ve read the spreadsheet you are obviously aware of the potential pitfalls of using an EAD.
Sm1smom
Super Moderator
Yes.
Sm1smom
Super Moderator
It all depends on how backed up USCIS is. You may be able expedite the EAD process by reason of job loss/job offer.
No, there’s no cap-gap option. You stop working when you OPT expires until you get the AOS based EAD.
Sm1smom
Super Moderator
Yes
Thanks for the answers. The reason why I asked should I wait for the 2NL before taking the medical exam is the medical exam needs to be taken in the last 2 months while filing i-485 and I also need to wait for 2NL for filing. So, if I take my medical exam now, and my 2NL arrives after lets say 3 months, I will have to repeat the medical exam, right?
so i got the medical today i-693 from the doc...my TB test came postive ( blood test) and then they did chest x rays and cleared me stating that i dont have acitve TB, however in the medical they have listed Class B latent TB - and in remarks it says applicant chest X ray is clear no active TB and no treatment needed at this time. Is having class B latent TB a issue. ?
No it will not cause any problems
Sm1smom
Super Moderator
Is your CN now current?
You may send in the AOS package without the 2NL, if it is delayed. The 2NL can be taken along to the interview.