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    orangelena2's Avatar
    orangelena2 Posts: 5, Reputation: 1
    New Member
     
    #1

    Feb 7, 2007, 09:22 PM
    Husband and wife, both F1->H1B
    Hi

    I would appreciate your advice on what options my husband and myself have in terms of filling our tax returns

    -Husband
    Changed his STATUS from F1 to H1B in October 05, got actual H1B visa in January 10th 06 when he went outside of the US (he is resident, correct?)

    - Wife
    Was on OPT until July 17, then converted to H4, then in October converted to H1B (I guess I am non-resident or dual if wait to meet the substantial test?)

    No special treaties

    My understanding is that we have two options
    1. Filling separately - my husband is resident, I am not-resident (or dual if I want to wait)
    2. Filling together as residents

    Is it correct?

    Thank you
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 8, 2007, 12:38 AM
    You got it right!

    Normally, filing jointly is the best route tax-wise, but not always.
    orangelena2's Avatar
    orangelena2 Posts: 5, Reputation: 1
    New Member
     
    #3

    Feb 8, 2007, 09:00 AM
    Thank you!
    I will try it both ways and see.
    Olena
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Feb 8, 2007, 03:11 PM
    Glad to help!

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