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?

 

[Hana]

1040NR and Form 8843

I would say Form 1040NR and attach Form 8843.
J-1 visa holder is an exempt individual and is treated as a nonresident alien for the US tax purpose.

 

[goober71]

I have been using 1040A. it is fine. i think NR puts you in a higher tax bracket or something. Ask H&R Block before you decide. They recommended 1040A for me.

Goober

 

[Gegemon]

You can be considered US Resident for tax purposes and fill out regular 1040 (or 1040EZ or 1040A) if you meet two tests:
- green card test or
- substantial presence test

The substantial presence test consists of two requirements:
- >31 days in US for 2003 tax year plus
- >183 days combined for the proceeding tax years (count all days in 2003 + 1/3 of days previous year + 1/4 of days in a proceeding year)

If you do not meet green card or substantial presence test - you have to fill out 1040NR form. This form does not allow many deductions and credits available for US residents.

For more information check out IRS Publication 519. - there are special rules for spouses.

H&R Block Tax professional (part-time)
EB-12 (OR)
RD: 03-19-2003
ND: 04-02-2003