chakrakr Posted February 19, 2013 Report Share Posted February 19, 2013 I am forwarding this link to CPA of the company.... Only concern is this is for State of NJ, this S-corp is in New York City , state of NY..... Are the rules differ by State?? This is a Federal law ... does not differ by State. You may send this whole thread to the CPA and ask him for a legal reference which says H1/H4 satisfying Substantial Presence Test AND filing 1040 (not 1040 NR) cannot be shareholder. Be specific about your status and say that you file your return as a Resident Alien per IRS. Link to comment
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