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April 25, 2025
Question

US-China Treaty for H1B

  • April 25, 2025
  • 1 reply
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Hi, I'm a researcher who's qualified for a 3-year US-CHINA treaty benefits. I first landed the states as a H1B researcher and received W2 from my employer. I claimed treaty for the first 2 years and the tax returns are approved by IRS. 

 

The questions is, I am about to file I-485 the green card application in the coming few years, do I have to file a tax amendment to give back or return the benefits I enjoyed before?

 

thank you so much for in advance!

    1 reply

    April 29, 2025

    No.  Your new status as a resident is for all tax forms going forward, not going back.  For this year you will have to file without the treaty benefits.

     

    @frankfei 

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