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VinayD
08-25-2008, 08:09 PM
Here is my situation.

My wife is on H4 from Jan 2007 to May 2008. Went to India and L2 stamped, Entered US on L2 VISA on 17 May 2008. In the same way I converted from H1to L1.

I am on H1 and my wife is on H4 from Jan 2007 - May 2008. So my wife is not eligible for SSN. So I didn't applied for her SSN during that period.

For Jan 2007-Dec 2007 tax returns, I had applied for Tax extension. On Aug 10 2008 I sent tax docuemnts to IRS ( tax dept) for filing at the same time Applied for my wife TIN no.

on Aug 15, we went to SSN office to get ineligibility letter so that she can apply for her driving license. SSN office issued SSN number to her because she converted from H4 to L2 on May 17. I completly forgot that SSN office will issue SSN for L2 holder.

I didn't received my tax returns yet. I filed for my returns on Aug 10 2008. I know that one person can't have both SSN and TIN number at the same time. what will happen to my tax returns? whether IRS will accept my returns?

Please advice.

txh1b
08-25-2008, 10:18 PM
IRS will accept your return. However, you need to inform IRS of the SSN number and they will take back the ITIN number.

VinayD
08-26-2008, 12:07 AM
Thanks txh1b.
It means I have to wait for some more time and get my returns with ITIN number after that I have to inform to IRS about my SSN number. Is it correct?

I tried my best to get some info thru google. Not able to find it. can you advice me some links so that i can go thru it and get more clarity on this.

txh1b
08-26-2008, 09:41 AM
http://www.immihelp.com/immigration/rescind-itin-after-getting-ssn.html