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Status change from J1 to H1B visas, taxes

Asked Feb 1, 2009, 06:32 PM — 5 Answers
I came to US on November 2007 on J1 Visa (my wife and child were in J-2 visa). I changed my status to H1B visa on october 2008. My wife and child to H4.
In 2007 I worked only two months, and I filled my tax as 1040NR-EZ in 2008

For the year 2008 taxs refund:
1) what is exactly my status for the taxs: resident alien, non resident alien? What form should I use? I worked all 2008 in US and I don't have in other income from outside US.

2) How should I file my IT Returns, as a Single or Married filing Jointly or any other type which will help me getting best possible returns? Should I claim my wife as dependent?

3) My wife is not eligible for SSN, and she is not working, I checked in the IRS dept for ITIN Number of my wife. They informed me that I need to file W-7 along with Passport copies with my Returns. Is it ok ?


Please help me.

Regards,
Habibi

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5 Answers
MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#2

Feb 1, 2009, 10:50 PM


You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

You will get standard deduction of $10,900 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
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yhabibi's Avatar
yhabibi Posts: 2, Reputation: 1
New Member
  
#3

Feb 2, 2009, 11:56 AM
Thank you for your answer. Should I wait for 5 months even if the deadline for taxes claim is in april?
Thanks again
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
Senior Tax Expert
  
#4

Feb 3, 2009, 11:47 AM


Yes, you can file Form 4868 to get an extension to 15 Oct 09.

If you OWE taxes on your return, you should include a check tocover your tax liability with the Form 4868, because the extension is for FILING, NOT for paying.
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aejaz's Avatar
aejaz Posts: 1, Reputation: 1
New Member
  
#5

Feb 13, 2009, 05:46 PM
Hi,
I have question about federal tax filling that which form I do need to fill to get my tax return. Would it be 1040NR-EZ or 1040EZ or any other.
Now I am on H1B and till April 2008 I was on J1. On H1B I am paying 27% tax although I have spouse, I also did pay taxes on J1. I would be grateful if you can guide me about tax filling.
Thanks, Asma
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MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#6

Feb 13, 2009, 06:19 PM


Aejaz:
You can file resident tax return Form 1040EZ or 1040A or 1040 as married filing jointly.
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