EAD, residency status and taxation

[InLabor4TooLong]

EAD and residency status

Legal/IRS experts,

I am on EAD and HR is with holding additional taxes for "Non-resident" status on my income. He mentioned that I am "Non-resident" while on EAD.

I was unable to find specific information on this at irs.gov. If you can provide your input or web links related to this topic.

Is one taxed on Non-resident status (additional taxes) while working on EAD?

Thanks in advance

 

[Jackolantern]

EAD and residency status

Legal/IRS experts,

I am on EAD and HR is with holding additional taxes for "Non-resident" status on my income. He mentioned that I am "Non-resident" while on EAD.

I was unable to find specific information on this at irs.gov. If you can provide your input or web links related to this topic.

Is one taxed on Non-resident status (additional taxes) while working on EAD?

Thanks in advance

See IRS publication 519. I would think that I-485 and EAD would make you a resident.

The main differences between resident and non-resident are that nonresidents can't take the standard deduction; they must itemize, and nonresidents aren't taxed on non-US income whereas residents are taxed on worldwide income.

If you think HR is withholding too much because they think you are a nonresident, simply file an updated W-4 to increase your allowances (thereby decreasing your withholding). When filing taxes you will specify your residency status regardless of what HR thinks.