Filing Tax - H1b

[amm123]

Hi,

I had H4 visa and filed my taxes as dependent with my hsuband who has H1. In January 2009 my husband got his EAD and I got my H1 but due to some medical reason I was not able to work for the whole year and my employer said I will not be receiving any W-2.

My question is
1. Should I file my taxes
2. If I should file my taxes can I file it jointly with my husband and show myself as dependent since I will not get W-2.

Thanks

 

[ginnu]

Hi,

I had H4 visa and filed my taxes as dependent with my hsuband who has H1. In January 2009 my husband got his EAD and I got my H1 but due to some medical reason I was not able to work for the whole year and my employer said I will not be receiving any W-2.

My question is
1. Should I file my taxes
2. If I should file my taxes can I file it jointly with my husband and show myself as dependent since I will not get W-2.

Thanks

you should talk to CPA for Tax matter.
you were on H4 and employer filed H4 to H1 and H1 was approved and you did not work on H1 and did not got payment. It seems you are out of status.

 

[Concerned4us]

If your medical leave was for a disability and not pregnancy, your employer should provide proper documentation of the medical leave and it should not create an out of status problem.

If it was for pregnancy and after birth, a normal maternity leave is 6 to 8 weeks or what is typically granted to USCs in a similar situation. If it was maternity leave, you have been out of status and you have a problem for the future. If you are on H1B, you are supposed to be WORKING and working according to US norms. You have no other choice. If you were unable or unwilling to do so, you should not have obtained H1B.

It appears that you are trying to maintain your H1B due to your husband using EAD so you no longer qualify for H4. The reason for your unemployment is key to the problems you will experience in the future.