Hi!

Here's my situation,

I am on H1B and my wife is on H4 and we entered the country on Sep 24, 2007 and Oct 29, 2007 respectively. My current and previous stays in US has been as below,
2007 (Sep 24 to Dec 31) = 99 days
2006 (Jan 01 to Apr 14 and Oct 02 to Oct 22) = 124 days
2005 (Jan 08 to Dec 31) = 357 days
Substantial presence test = 99 + 1/3*124 + 1/6*357 = 199 days

Going by above data which indicates I have been in the country for more than 183 days do I qualify as resident for tax purposes? And, should I be filing resident joint return with my wife to maximize standard deductions?

Also, how do I incorporate my income in India for rest of the financial year in 2007 (Jan to Sep) and the taxes which I have already paid?

Would appreciate any help.

-Asif

Yes, you can file as residents Married Filing Jointly. In 2007 you must file joint return and declare your (both of you) worldwide income for 2007.

Agreed, but you MUST file jointly to file as resident aliens.

If you file by yourself, you must file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.