I do not have a visa number, as my visa is not stamped in my passport, what can I do?

[Aldrin Molero]

I am requesting the ITIN number for my wife and daughters. Among the information that is requested in the W7 form is the visa number of them (line 6c). When we entered for the first time the U.S. (2001) I was a holder of a F1 student visa, and my wife and daughters an F2 visa. After I finished my studies in 2007, we switched to the H1B visa (me), and my wife and daughters to the H4. Since then we have not leaved the U.S territory, so we do not have the visa stamped into our passports (something that is exclusively done in a oversea U.S. embassy). Thus, we do not have a number for our visa. However, we have the I-797A notice of action of the Home Land Security/U.S Citizenship and Immigration Services that certify our legal nonimmigrant status. My question is: what number should I provide in the line 6c of the W-7 form? Is valid to provide the I-94 number that I received with the I-797?

[Visa Taxes Expert]

Hello

Getting an ITIN for your H4 Spouse allows you to file Jointly and claim additional tax benefits.

We are not immigration experts, but you enter the current visa numbers of your spouse and children from their passports.

Depending on when you got your H1B, you may be Resident or Non Resident for tax purposes.

As a Non Resident, you cannot file a joint return, until you wait till June 1, 2009 to claim your residency and file a joint tax return.

Contact us at taxexpert@visataxes.com for filing 1040 or 1040nr and Form W-7 for ITIN

Hope it helps!

[husky_007]

I have the same question. My H1 visa and my wife's H4 visa expired in october. We both have the notice of action for visa renewal from USCIS, but the passports are not stamped after that as we did not leave the country. What do I fill in line 6c. Can I fill in the date from the Notice Of Action?? Please help. thanks.

[Visa Taxes Expert]

To the IRS, you need to report your current available Visa numbers.

Hope it helps!

[husky_007]

Hi, Thanks for the reply. The visa number part is fine. I will just enter the current (expired) visa no. But how about the expiration date for visa? should I enter the expired date or the new date on the renewal Notice of Action.

Please suggest. Thanks.

[Visa Taxes Expert]

To the IRS, you need to report your current available Visa numbers.

Also the current expiration dates of your Visa as mentioned in the passport.

Hope it helps!

[H4tax]

Husky, I am also in same situation as yours. Can you please confirm as to how you filed your w7. My wife H4 visa also expired in Dec2009 but we have approval notice for extension till 2012. So should I be using the original visa number and extension in W7 or the new approval notice Recepeit Number? Please advice, any help would be highly appreciated.

Originally Posted by husky_007

Hi, Thanks for the reply. The visa number part is fine. I will just enter the current (expired) visa no. But how about the expiration date for visa? should I enter the expired date or the new date on the renewal Notice of Action.

Please suggest. Thanks.

[Atlanta Tax Guru]

You would use the renewal notice dates, and attach a photocopy of the renewal notice.

[H4tax]

So then what would be the Visa number in that case? should I use the WAC receipt number for that?

[Atlanta Tax Guru]

You can use the WAC number on the Form W-7.