F-1 to H-1; Spouse on H-4; Resident Alien or Not

Question

Apr 13, 2008, 02:14 PM

newbie2008tax

New Member

Join Date: Apr 2008

Posts: 1

F-1 to H-1; Spouse on H-4; Resident Alien or Not

Hi,

I was on F-1 visa from 2002 to 2006 and on F-1 OPT till Oct 2007. I moved to H1B on 2nd Oct 2007. My wife has been on F-2 (when I was on F-1) and has moved to H4 with change in my status. She has an ITIN (not a SSN).

Based on Substantial Presence Test, I am required to file 1040 as Resident Alien. This takes into account the fact that I have been on F-1 for more than 5 years. Is this Correct?

If I am filing as "Married filing Jointly", I am not eligible for 2008 Rebate as my wife does not have SSN. Does "Married filing Separately" makes more sense?

Thanks!

Answers

Apr 14, 2008, 04:00 AM	#2

MukatA Tax Expert Join Date: Nov 2007 Location: CA Posts: 2,048	On F1/OPT you are exempt from residency for 5-years. You will file resident return in 2007. Even if you file a separate return, you need ITIN of your wife. Without ITIN, IRS will not process your return. Yes, you will not get stimulus tax rebate. For more info, read Your U.S. Tax Return: Are You Eligible for 2008 Stimulus Tax Rebate Payment?

Similar Sponsors



At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to: Get free answers from experts in any of our 300+ topics. Accept money for answers that you provide. Communicate privately with other members (PM). See fewer ads. Sign Up!