I got the H1-B on Oct 1, 2007 and plan to do the first year choice so that my husband and I can file joint return.

I understand we have to file extension using Form 4868. But since both of us had income in 2007. Should we both file Form 4868 separately?

Also in 519, it says to file Form 4868, we should pay the amount of tax we expect to owe for 2007 as if we were nonresident alien.

If we file nonresident alien as married filing separately, we owe the tax. However, if we file as resident alien jointly, we won't owe any tax. In this case, do we still have to pay money to file 4868? If we do, can we get the money back later?

Thanks for the help!

You file one 4868 for yourself as you are the one who has income.

If it says that pay as if you were nonresident, then you must follow it. However, if you don't follow this and your resident return is filed properly and you don't owe any taxes, then you won't end up paying any interest and penalty.

Thanks a lot for the answer.

But my husband also worked in 2007 and had tax withheld. If he would like to join me to file married file joint, does he also need to request extension using 4868?

Thanks again!