I am right now on F1 and might switch to OPT or H1 in January. Also, I am getting married in December or January to a permenant resident.

1. What are the tax rates I may have to pay if I am on OPT and on a H1? It's hard for me to stay on OPT because I have to study part time for one semester and the OPT will let me work only part time. I live in Pennsylvania.

2. My fiance is planning to give up his "green card" and re apply again with me so that both of us can be on green card together. How hard or easy is it to get a second green card after abandoning the first one?

username21

I missed this out in the previous post.

Since I am getting married in december or January will I be filing tax jointly with the husband? What is the rate in that case?

If I become a permanent resident around January of a year and was on OPT before that, will I have to file taxes for the OPT status or the permanent resident status that April?

If I am a permanent resident and am filing taxes jointly, is the tax rate different than being on a H1 and filing tax alone?

AtlantaTaxExpert

UserName21:

1) Your income tax rates filing as a non-resident alien (OPT) are the same as filing as a resident alien (H-1). The only difference is that filing as a non-resident alien may restrict your option as to whether you can claim the standard deduction or not. It also restricts how many itemized deductions you can claim. If you get married in December 2005, you have the option of filing jointly with your husband as a resident alien or filing separately as a non-resident alien. I cannot say whether you will pay more taxes as a resident alien (filing jointly with your husband) or as a non-resident alien (filing separately). I recommend you prepare the return both ways. However, once you file as a resident alien, it more or less commits you to file that way for all future returns (though you can change your mind by amending the return).

2) I cannot comment of green card application procedures. It is beyond my area of expertise.