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View Full Version : Tax qn - F-1 to H-1B


vishnu79
Mar 19, 2008, 05:51 PM
Hi there,

My wife came to US on F-1 visa on Aug 2005. She was on OPT for 6 months and is currently in H-1B. Can she file 1040NR-EZ?

Also, I will be filing 1040. Is it okay if we file our taxes together? Would it save us some tax money?

Thanks
Vishnu

narahariv
Mar 19, 2008, 08:27 PM
Hi,

I also have a similar question but may be slightly more convoluted.

I am currently on H1-B Visa and according to the Substantial Presence Test, I qualify to be a resident alien. However my wife who was on F1-OPT last year continues to be a non-resident alien for tax purposes. She has not paid her social security or medicare taxes in 2007 owing to this status.

She would normally file under 1040 NR-EZ while I would be filing under 1040EZ if we are filing separately. But if we file jointly, then we would both be treated as US residents for tax purposes which would then make her pay social security taxes for the year 2007. What should be done here? Is it advisable to file jointly or separately?

Thanks