Immigration Law Questions? Ask an Immigration Lawyer.
My employer still wants to sponsor my job in the future, as they have been sponsoring the same job since the date I started my work until today. (My job in the company is always same as it on my approved I-140).
I would like to file DS-230 ASAP, but the concern is that, after I file DS-230 today, I will likely be getting my immigration visa and then green card in 2014. However, if I still file my 2013 tax return as a nonresident alien (based on US tax law, this is legit) after I get my green card (assuming I get my green card before the tax deadline April 2014), would this filing-as-nonresident-alien action be viewed to the worst case that I am abandoning my green card? Or is it possible that IRS will force me to file my 2013 tax return as a tax resident (or force me to re-pay the tax gap between resident and nonresident) because of the fact that I get my green card in 2014?
No. I understand perfectly what your concern is. But as I said, the sponsorship is for a future job offer (starting at the end of 2013 or beginning of 2014), and the tax return is for 2013, when you were not residing in the US.
Moreover, the USCIS is not going to hold you accountable for US tax law, as long as you are fulfilling your responsibilities to it.
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