Tax Return during I-485 pending

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blueredsky

Registered Users (C)
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?
 
For tax purposes working legal non-immigrants are treated as US Citizens and Permanent Residents. Unfortunately this is where the resemblance between the two types of species ends (at least in the mind of the government).

You will need to file a standard tax return as a US person - form 1040. The easiest is to buy Tax Return Preparation software like TurboTax and e-file from your computer.
 
If your returns are not very complecated. Such as no other income (stocks,bonds etc.) and no other dependents (Ex: childern). If it is simple "married filing joint" return, you may use 1040-EZ form. Just take a look at the form from www.irs.gov
It is very very simple form to report your return. Takes hardly 15 min. to fill in.
 
One point worth noting is that if you are claiming any depedents who do not have social security numbers, you will need to get them ITINs (Individual Taxpayer Identification Number) from the IRS before filing.

Also, if this is your first year make sure you read about the concept of dual-status and resident vs. non-resident. You may be able to save yourself some money.
 
Please Note

Yes gingibi is correct about requiring to file a standard tax return as a US citizen.

But please note that Form 1040-EZ has certain maximum income restrictions. You may nto be eligible to use EZ if your adjusted gross income is more than a certain amount (please check the instruction for exact amount).
 
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