I know this question was asked many times but I am still a little confused after reading many posts. my situation is: in US for 4 years, was on F1 from 05/2007 to 10/2008, then on OPT from 10/2008 to 09/2009, changed to H1b on 10/1/2009. I am married and my husband has been on H1b since 2007.

My questions are:
1. Can I file as resident alien (married file jointly with my husband) for 2009 before 4/15/2010?
2. If not, why do I have to wait till after 06/2010? We filed MFJ and both as residents for 2008 bf 4/15/2009 with no problem.
3. Is it more advantageous to file as resident alien (as compared to non-resident)?

Thank you in advance for your help!

AtlantaTaxExpert

1) Yes, you can file jointly with your husband and you choose to be treated as a resident alien spouse of a resident alien.

2) Because you are choosing to file as a spouse to a resident alien, there is NO waiting period; you can file on 2 January 2010.

3) Yes, in 99% of the cases, it is more advantageous tax-wise to file jointly with your husband than to file separately, he as a resident and you as a non-resident. However, to be sure, you should model the return BOTH ways.

amberwr

Thanks a lot!

AtlantaTaxExpert

Glad to help!