what are the steps after getting GC

[Captain Kirk]

Hello Guys
i recently got my GC
i would like to know what else i need to do.
thanks for the information and help
my questions are

1) as i will be in the same job for some time...do i need to fill out a new form
I-9?
2) Are there any changes that i need to tell my employer (i have been working for him for 6 years on H1B) that he has to make on W2 forms
3) what tax form i need to fill now.
4) what does it mean do not delcare yourself as "non-immigrant" on the tax form (the reason i'm asking is there is no info ON 1040 which asks me my immigration status..)
thanks again
pl

 

[Jackolantern]

1) Yes you need a new I-9
2) No
3) Same US tax forms that you used before (assuming you were on H1, L1 or EAD before the green card). However, your own country may tax you differently now that you have a green card.
4) You must file taxes as a US resident.

 

[Jackolantern]

In addition, you should also change your security card to remove the "not valid for employment ..." condition. The number will be the same on the new card.

 

[Captain Kirk]

thanks

thanks Jackolantern for your reply
i was using 1040 when on H1B, i did not need EAD...since my H1B was valid;
Nationality : India

In addition, you should also change your security card to remove the "not valid for employment ..." condition. The number will be the same on the new card.

 

[toughcase]

1) Yes you need a new I-9
2) No
3) Same US tax forms that you used before (assuming you were on H1, L1 or EAD before the green card). However, your own country may tax you differently now that you have a green card.
4) You must file taxes as a US resident.

Hi Jackolantern,

Me and my wife just received our immigration visa (temp green card) through DV program, but we've been living in the US for almost 10 years and working (H1B) in the same companies before we received our visa.

Couple questions regarding to the answer you provided above:
1.) What's the purpose of refiling a new I-9?
2.) You mentioned that our own country will tax us differently after received Green Card, is that true? Can you describe more detail on this? Such as "What was the tax change after you received your green card?".
3.) You said we need to file tax as us residents. Is there difference between "file tax under H1B working visa" compare to "file tax as us residents"? I thought once you started to work in US you file same tax as US resident or US citizen do.

Thanks for your help!

 

[TheRealCanadian]

What's the purpose of refiling a new I-9?

The basis for your employment authorization has changed.

You mentioned that our own country will tax us differently after received Green Card, is that true?

He said no such thing. He said your country may tax you differently.

I thought once you started to work in US you file same tax as US resident or US citizen do.

It depends. But if you were filing as a full-year tax resident using a 1040, there is no change for you.

 

[tinyhippo]

1.) What's the purpose of refiling a new I-9?
Your employer needs to update your information on the I-9 form. If you read the I-9 form (available from USCIS website) itself, it should tell you in detail.
2.) You mentioned that our own country will tax us differently after received Green Card, is that true? Can you describe more detail on this? Such as "What was the tax change after you received your green card?".
I'd assume it depends on what country you belong to. You may contact your Embassy here to find out.
3.) You said we need to file tax as us residents. Is there difference between "file tax under H1B working visa" compare to "file tax as us residents"? I thought once you started to work in US you file same tax as US resident or US citizen do.
It is a general requirement that you file your taxes as a US resident if you want to retain your green card.

Thanks for your help!

..

 

[toughcase]

TheRealCanadian and tinyhippo, thank you for your information. Will there be a problem if you did not update your information and did not file a new I-9 form? I just received visa on 10/10/2008, is there any time limit to update the information? If me and my wife planning to quit our job, lets say, in November, will this one month window (October to November) affect on our tax? Also, my visa status was H1B throughout this year until this October, what status should I use when I file my tax March next year (assuming there are some difference between file as H1B and Resident)? Thanks again for all responds!

 

[TheRealCanadian]

Will there be a problem if you did not update your information and did not file a new I-9 form? I just received visa on 10/10/2008, is there any time limit to update the information?

Your employer would get in trouble if there was an audit.

If me and my wife planning to quit our job, lets say, in November, will this one month window (October to November) affect on our tax?

Doubtful. What affect do you think it might have?

Also, my visa status was H1B throughout this year until this October, what status should I use when I file my tax March next year (assuming there are some difference between file as H1B and Resident)?

Immigration residency and tax residency are somewhat orthogonal for non-citizens and non-PRs. You can be a non-immigrant yet a tax resident, or you could be a non-resident. Bottom line, if you filed as a resident before, you will continue to do so.

 

[Jackolantern]

If you are on H-1B you are supposed to file taxes as a US resident, so getting a green card won't change that.

If your country of citizenship requires you to file taxes while living outside their country (most don't, unless you have income coming from the country like rental property or other investments), now that you are a permanent resident of the US they might consider you a non-resident of their own country for tax purposes. But if you weren't required to file taxes with your country while living outside that country, getting a green card probably won't change that.

 

[Jackolantern]

Will there be a problem if you did not update your information and did not file a new I-9 form?

You could have some hassles if your employer is audited after the status associated with your existing I-9 has expired, and you are still working for them. Of course, anybody could get hassled if ICE goes to the extent of cross-checking records with the Immigration database. But it is reasonable to expect that the employees whose I-9 documentation has expired, and those without I-9 at all, are in the most danger.

 

[TheRealCanadian]

If you are on H-1B you are supposed to file taxes as a US resident, so getting a green card won't change that.

No, you must be paid on a W-2 basis, but that too is orthogonal from filing as a resident. If you are on an H1B and do not meet SPT, you can (and in some situations, must) file a 1040NR.

 

[Jackolantern]

No, you must be paid on a W-2 basis, but that too is orthogonal from filing as a resident. If you are on an H1B and do not meet SPT, you can (and in some situations, must) file a 1040NR.

Sure, if somebody comes enters the US, works on an H1B for 5 months, and leaves before the end of the year, they can file as a nonresident ... but that does not apply to the original poster who has been here for a long time on H1B. And obviously, for a person on H-1B who has already been filing as a resident, they'll still continue to file as a resident upon getting the green card.

 

[TheRealCanadian]

but that does not apply to the original poster who has been here for a long time on H1B. And obviously, for a person on H-1B who has already been filing as a resident, they'll still continue to file as a resident upon getting the green card.

... and that's exactly what I've said. The point is that simply being on H-1 doesn't obligate one to file as a resident, unless they meet SPT.

 

[Jackolantern]

... and that's exactly what I've said. The point is that simply being on H-1 doesn't obligate one to file as a resident, unless they meet SPT.

And similarly, meeting the SPT doesn't mean one would have to file as a resident, because F-1 students don't normally file as resident. And we could go on and on about every other exception and condition.

When I write, my statements are intended for the poster(s) asking questions in the thread. Otherwise, it would take forever to go through every possible exception and combination of scenarios out there.

 

[TheRealCanadian]

And similarly, meeting the SPT doesn't mean one would have to file as a resident, because F-1 students don't normally file as resident. And we could go on and on about every other exception and condition.

Agreed.

When I write, my statements are intended for the poster(s) asking questions in the thread. Otherwise, it would take forever to go through every possible exception and combination of scenarios out there.

If you're going to do that, then you need to state so. To say that "If you are on H-1B you are supposed to file taxes as a US resident" is inaccurate and may lead another H-1B holder who is reading this thread to the wrong conclusion.

 

[toughcase]

Agreed.



If you're going to do that, then you need to state so. To say that "If you are on H-1B you are supposed to file taxes as a US resident" is inaccurate and may lead another H-1B holder who is reading this thread to the wrong conclusion.

Jackolantern and TheRealCanadian, thanks for your inputs. I don't recall what form did I use to file my tax last year, I will check that today. Just want to make sure - So, I should file tax as resident next March even though I just received GC in October and most of the year 2007 I was under H1B, am I right? Also, what's "SPT"?

 

[Jackolantern]

Jackolantern and TheRealCanadian, thanks for your inputs. I don't recall what form did I use to file my tax last year, I will check that today. Just want to make sure - So, I should file tax as resident next March even though I just received GC in October and most of the year 2007 I was under H1B, am I right? Also, what's "SPT"?

SPT = Substantial Presence Test.

You were in the US with an H1B for more than half of 2007, which means you would be a resident using the SPT even if you didn't get the green card.

Having obtained the green card this year, for the 2007 tax year you are also a resident based on the green card test, as you do not qualify for being a "dual status" alien (since you were on H1B prior to the green card and you aren't planning to surrender the green card and leave the country before the end of the year).

See http://www.irs.gov/publications/p519/ch01.html

 

[Captain Kirk]

On Tax Form 1040 AND Schedule A form (For itimized deductions)

i have found this
ck this out


http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD


we should NOT

"Declare yourself a “nonimmigrant” on your tax returns. "

IS THERE ANYWHERE IN 1040 AND Schedule A, THAT ASKS US OUR IMMIGRATION STATUS?

No, you must be paid on a W-2 basis, but that too is orthogonal from filing as a resident. If you are on an H1B and do not meet SPT, you can (and in some situations, must) file a 1040NR.

 

[TheRealCanadian]

IS THERE ANYWHERE IN 1040 AND Schedule A, THAT ASKS US OUR IMMIGRATION STATUS?

No. I think what they mean is "non-resident". You do NOT want to file a 1040NR.