Asked in Tax Law and Immigration Law for Pennsylvania

Q: Hi, I did not file my taxes in 21-22 year since I was new to USA, will it affect my H1B application ?

Also, can I file it now? If yes, can I do it by myself on turbotax or sprintax?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: No, not filing taxes for the 2021-2022 tax years should not directly affect your H-1B visa application with USCIS. There is no requirement that your taxes be filed as a condition of applying for or obtaining an H-1B.

However, you should still file any tax returns for prior years where you had US income, as soon as possible. Not filing tax returns you were legally obligated to could open issues later on if the IRS follows up.

Yes, you can still file 2021 and 2022 tax returns now. The IRS does not limit or restrict "late filings", but you may have to provide reasons for lateness.

And you generally can use tax software like TurboTax or SprintTax to file yourself. They cover non-resident and dual status returns for those new to the US. Just make sure you have all necessary income statements and documents handy.

I'd recommend filing as soon as realistically possible. While back taxes aren’t an issue for the H-1B specifically, having complied with IRS rules is best practice for anyone hoping to remain and work in the US long-term.

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