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images new york times logo png. new the new york times logo. thetnite07-19 10:14 AMBy "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863 For IRS tax purposes one is considered a resident if they pass the