Hi,

I have been in the US on F-1 visa between Aug. 2001 - June 2003, and then on H-1B between June 2003 - August 2006 and then again on F-1 since August 2006. I filed as a resident for those three years.

I got married to an H1-B holder in July 2006. We filed jointly for the 2006 tax year. If we filed individually for the 2007 fiscal year, can I file as a non-resident for tax purposes now that I am on F-1 status again or would I still be a resident alien for tax purposes?

Thank you!

You CAN file jointly, or you CAN file separately as a non-redient alien.

It is YOUR choice.

I suspect filing jointly will have the best advantages tax-wise, as that will allow you to claim the education credits/deduction that is available to resident aliens.