I switched from J-1 to H-1B and payroll kept treating me like a J worker. Is that a tax problem?
The file transition happened quickly on the immigration side, and I suspect payroll just kept the old logic because it was already set up and nobody wanted to disturb a functioning system. But the IRS pages make it sound like the J-1 and H-1B tax consequences are materially different, especially for FICA and day counting.
I want to know whether that kind of carryover treatment is dangerous. If the visa switch should have triggered a fresh review of residency, FICA, and withholding instead of a quiet rollover, I would rather correct it now than let the wrong assumption bleed into the whole year.
Related Questions
I changed from F-1 to H-1B during the year. Does the return need to say that explicitly, or is the visa change only an immigration issue?
The payroll side already looks different after the change, but I am not sure how much of that story belongs on the return itself. Because the tax year may now involve two statuses, I do not want to tr...
On H-1B, do I really have to count every day in the U.S. for the substantial presence test?
I kept looking for some kind of exempt-individual relief because I assumed all nonimmigrant work visas had at least some day-count exception built into them. The IRS H-1B material makes it sound like ...
I am in Singapore. Why is everyone telling me there is no treaty path for the LLC?
I run a Delaware LLC from Singapore for software consulting and digital products. Because Singapore is such a major business hub, I honestly assumed there would be some broad treaty path with the U.S....
My Japanese accountant says my U.S. app income may not all be one category. Why does that matter for treaty withholding?
I am based in Tokyo and have a U.S. LLC that earns app store revenue, ad revenue, and one licensing deal for a software SDK. I had been treating the whole business as 'app income,' but my accountant s...
I am in Taiwan. Before I plan anything else, should I treat the current IRS treaty list as the ground truth?
There is a lot of confusing commentary online about Taiwan and cross-border tax arrangements. I run a U.S. LLC from Taipei for an online education business and I am trying to avoid building the whole ...
I crossed the five-year student limit and may now meet substantial presence. Can the student closer-connection exception still keep me nonresident?
The filing got more serious this year because I may no longer be able to exclude my U.S. days automatically as a student. I had assumed that meant the nonresident story was simply over, but the IRS pa...
I am in Brazil and getting 30% U.S. withholding. Is that mainly because there is no treaty?
I use a U.S. LLC for digital licensing and ad revenue. One platform withheld at the full 30% rate and my preparer said Brazil does not have the same treaty path other countries use. I had assumed the ...
My old U.S. business shut down last year, but the new return still shows a QBI loss carryforward. Is that possible?
I am from India and had a U.S.-connected business that generated a loss in one year, then shut down. In 2026 I have a different business activity and my preparer says the old QBI loss still has to be ...
I live in China but spent three weeks in the U.S. meeting clients. Does that put the treaty story at risk?
I run a Delaware LLC from Shanghai, but this year I spent about three weeks in the U.S. meeting enterprise clients and attending a conference. No office, no employees, and the contracts were signed la...
I live in Mexico but spent two weeks closing deals in Texas. Should I expect more Form 8833 discussion now?
I run a U.S. LLC from Mexico City for enterprise software contracts. This year I spent about two weeks in Texas meeting prospects and helping close two accounts. The actual contracts were finalized af...
Have a similar question?
ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.
Become a Member — $9.99/moDisclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.