Do non-residents who file a 1040 (such as people on H1-B or TN visas) and who have a social security number qualify for the stimulus check? The text says that any nonresident alien individual does not qualify (e)(3)(A). But the 1040 form does not ask you for your resident status. Not sure if this question was asked in this newsgroup before. Thanks.
They are considered resident as they filed a 1040, not a 1040NR
Shouldn't that be the other way around? They should only file a 1040 if they are considered a resident, namely the substantial presence test. A Form 1040 could be filed in error and not caught, but that does not make someone a resident.
-Mark Bole
A US Citizen or a Greencard holder, by treaty, is always considered resident of the US, no matter where they live. So must file a 1040 or equivalent.
On May 20, 4:29 am, " snipped-for-privacy@yahoo.ca"
But H1-B and TN visa holders may also file a 1040.
No, not if they are non-resident aliens, for example shortly after arriving and before meeting the substantial presence test. There is an option sometimes to file as a dual-status alien in that period and get around the 1040NR requirement that way, but I'm not yet clear on the details.
-Mark Bole
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