Before you seek help with your tax return you need to determine what your tax residency status is. There is a huge difference, and filing incorrectly can cause problems and possibly delays in receiving any refund you feel you may be owed.
Use this table to determine your tax status:
| Your Tax Status is |
If you |
|---|
Category I
Non-Resident Alien with US income |
- Have been in the US as an F-1, or J-1 Student for less than 5 calendar years (you arrived anytime in the year 2008, or later)
- Have been in the US as a J-1 non-student (Research Scholar/Professor) for less than 2 calendar years (you arrived anytime in the year 2011, or later)
- Have been in H-1B status for less than 183 days during 2012.
- Did not obtain Permanent Residency status (Green Card) at anytime in 2012.
- Did not obtain US Citizenship at anytime in 2012.
|
|---|
Category II
Non-Resident Alien with no US Income |
- Have been in the US as an F-1/F-2, or J-1/J-2 Student for less than 5 calendar years (you arrived anytime in the year 2008, or later)
- Have been in the US as a J-1/J-2 non-student for less than 2 calendar years (you arrived at anytime in the year 2011, or later)
- Have been in H-1B status for less than 183 days during 2012.
- Did not obtain Permanent Residency status (Green Card) at anytime in 2012.
- Did not obtain US Citizenship at anytime in 2012.
|
|---|
Category III
Resident Alien with no Tax Treaty benefit |
- Have been in the US as an F-1, or J-1 Student in more than 5 calendar years (you arrived anytime in the year 2007, or earlier)
- Have been in the US as a J-1 non-student (Research Scholar/Professor) in more than 2 calendar years (you arrived anytime in the year 2010, or earlier)
- Have been in H-1B status for 183 days or more during 2012.
- Obtained Permanent Residency status (Green Card) at anytime in 2012 or earlier.
- Obtained US Citizenship at anytime in 2012 or earlier.
|
|---|
Category IV
Resident Alien with a Tax Treaty benefit |
- Have been in the US as an F-1, or J-1 Student in more than 5 calendar years (you arrived at anytime in the year 2007, or earlier)
- Have been in the US as a J-1 non-student in more than 2 calendar years (you arrived at anytime in the year 2010, or earlier)
- Have been in H-1B status for 183 days or more during 2012.
- Obtained Permanent Residency status (Green Card) at anytime in 2012 or earlier.
- Obtained US Citizenship at anytime in 2012 or earlier.
|
|---|
