1040- Residency and Status

This forum deals with all aspects of immigration to the United States, including visa types, general immigration issues, and U.S. immigration topics.

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amerincana
Posts: 5
Joined: Sat Dec 27, 2014 11:54 am
Location: Toronto

1040- Residency and Status

Post by amerincana » Sat Dec 27, 2014 7:07 pm

Thank you in advance for your help.

I am Looking for guidance/advise from the experts on this forum in regards to US Tax filings. Here is my situation in 2014.
Canadian citizen, physically resident in Canada and commuting to the US for work on an H1 B Visa since 2011.
Do not pass the substantial presence test in the US.
US employer has filed for green card and the I-140 got approved in Mid-2014. The AOS (485) has never been filed since Priority date is not there yet.

My questions are:
1-Would I now be considered a resident in the US for tax purposes due to the approved I-140? I was filing 1040NR (Federal only) for the last 3 years considering closer connection to Canada (hope i was correct)
2- Since I am living in Canada, my employer does not deduct the State Taxes from the Payroll. Am I requred to file any state tax return? If so, do i file based on the states where I worked (KY, NC) or state where my employer is registered (NY)?

Thank you for taking the time to read this and Happy Holidays !
Amerincana

nelsona
Posts: 15951
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Sat Dec 27, 2014 11:46 pm

Please repeat these Q's on the tax forum, which is there for exactlt this purpose.
I promise an answer will be forthcoming if you do.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

amerincana
Posts: 5
Joined: Sat Dec 27, 2014 11:54 am
Location: Toronto

Post by amerincana » Sun Dec 28, 2014 11:14 am

My apologies, did not realize i was in the wrong forum. Will repeat it in the Tax one.

Thank you

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