Tax Return during I-485 pending

[blueredsky]

I was J-1 until Nov 31 2003, and then have H1-B from Dec 1. I also submitted I-485 last November. So I am currently I-485 pending, but I use H1-B instead of EAD. By the way, my wife is using her F-1.

Now, I need to file the Tax Return Form. What kind of form should I use? How to file it?

 

[norfesept01]

You are a resident for tax purposes

The tax code applies a number of tests to determine your residency status but in all probablilty the one applies to you is the Substantial Presence test (try a search for it on Google to see if that applies to you). As for the form to use, I would recommend your buying a good tax preparation software (try TurboTax or Tax Cut) and that should be able to do everything for you.

P.S. For all you Indians out there who may have wondered where the term NRI came from, the answer is, from the provisions of the Income Tax Act, 1956 that defines what a Non-Resident Indian is, and how he/she/it is to be taxed.

 

[frodo]

Check page 5 of Pub 519. There's a flow chart that helps you determine your filing status. You can get this from www.irs.gov

And I too would recommend that you use Turbo Tax or Tax Cut to file your returns. Make life so much easier. In fact you can use Turbo Tax straight off the web.

Also, you can itemize the cost incurred in using a tax preparation software in your 04 returns (next year).

 

[amcom]

blueredsky,

use TaxACT or TurboTax web versions(i used it twice in 2 yrs) and never had to bother about what form to fill based on visa status.

It will do both ur federal & State Tax and your refund is also fast.
There's one godaddy.com aslo andthat s/w is cheaper than above.

K.