H4 applying ITIN without i94

[gsxr143]

Hi All

I m on H1B and my wife is on H4 and we are trying to file taxes with a tax consultant.. I m on a H1 transfer and our i94s are expired. We currently only have i797 receipt (not i797 approval) form which does not contain a i94.. the h1 transfer takes may be 2 - 4 months, (may be till end of May) to process since my company filed in Regular processing..

My tax consultant says she cannot file my taxes until we receive H4 Approval copy and a valid i94 to file for ITIN for my wife.. Is this true since it does not make sense? I believe there will be so many people in this situation but i havent seen this question anywhere..

Thanks in Advance..
rK..

[gsxr143]

Hi All

I m on H1B and my wife is on H4 and we are trying to file taxes with a tax consultant.. I m on a H1 transfer and our i94s are expired. We currently only have i797 receipt (not i797 approval) form which does not contain a i94.. the h1 transfer takes may be 2 - 4 months, (may be till end of May) to process since my company filed in Regular processing..

My tax consultant says she cannot file my taxes until we receive H4 Approval copy and a valid i94 to file for ITIN for my wife.. Is this true since it does not make sense? I believe there will be so many people in this situation but i havent seen this question anywhere..

Thanks in Advance..
rK..

OK Guys

I just did some research and called IRS customer service regarding this question. The point is that , for applying ITIN, they strictly verify all the information on the W7 form. So we need a Expiration Date for filling Field 6C. For this you need submit a supporting evidence which can only found in valid-non-expired i94 or i797A. So in my case i have to wait to until I receive my wifes H4 approval and then file for my federal tax along with my wifes ITIN..

But the puzzle what if my visa is denied, then I have leave the country and not sure how to file the taxes..

Sounds like a flaw in the process due to disconnect between USCIS and IRS..

Thanks
rK..