1040- Residency and Status

amerincana · 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 !

nelsona · 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.

amerincana · 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