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Home > Money & Services > Taxes   »   6th Year F1, Converted to H-1B last year

 
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Old Mar 31, 2006, 08:41 AM
drbeijing
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6th Year F1, Converted to H-1B last year

Hi ATE,

Thank you so much for everything you have done for all of us. I really really appreciate your help and advice. You are THE man!

My case is like that:

I came to US on F1 in 08/2000, and had been on F1 until I got my H-1B visa on Nov. 1st last year. From last May to last Oct., I worked for the company using my CPT.

My wife came to US on F2 in 12/2000. She changed to F1 in 06/2003 and she has been on F1 since then.

Since we both have been in US for more than 5 years, shall we file jointly as resident alien for 2005 tax return using 1040? If not, could you please let me know which forms we shall use instead?

Thanks again. I look forward to hearing from you soon.

Best regards,

Beijing

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Old Apr 1, 2006, 09:31 AM   #2  
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Beijing:

Yes, your exemption from the Substantial Presence Test expites on 31 December 2004.

For this reason, you should file as a resident alien in 2005, filing Form 1040, 1040A or 1040EZ with your wife.
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Old Apr 1, 2006, 12:55 PM   #3  
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Thank you so much, ATE. Have a great weekend!
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Old Apr 2, 2006, 12:09 AM   #4  
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Glad to help!
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