Hi,
(part a)
My OPT expired in Dec 2007, but I was paid in Feb and April 2008 for the work I done in dec 2007. I have already filed my taxes for the year 2007. I went back to India in Feb 2008 as my OPT expired and my H1 was not approved; I did not have legal status in the USA.
Should I still file the tax return for 2008 for this period?
I filed my tax as a Single for 2006. Got married in apr 2008. Should I be filing Jointly?


(part b)
I came back in oct 2008 on H1 visa. I got married in 2008, and wife is on H4 visa. What all documents should I submit to file the taxes as Jointly. Am I eligible to file Jointly. She does not have a tax id or a SSN.


How do I handle the exempt from social security and medicare taxes as I was on both OPT and H1 the same year.


Appreciate your help.
Thanks
Nilay

a) You will need to file Form 1040NR to claim a refund for the taxes in 2007. The tax status is determined by when you got paid, NOT when you earned the money. Since you were single on 31 December 2007, you will file as SINGLE.

b) You are eligible to file jointly with your spouse. However, to do so, you must:

• Attach a memo to the tax return stating that you both CHOOSE to be treated as resident aliens for all of 2008.

• Declare ALL world-wide income for tax purposes. You can file the Foreign Tax Credit (Form 1116) to at least partially offset the additional tax due to this income.

• Wait until early June 2009 to file. This is required because you have NOT YET met the Substantial Presence Test to file as a resident alien.

Hi,
Thanks for your response. You mentioned that I should wait until June 2009 to file my taxes. But the deadlines for the same are April 15. Won't I be penalized for filing the taxes late.
Thanks
Nilay

Nilay:

If you are due a refund, there will be NO penalties for filing late as you will owe NO taxes.

You can file Form 4868 to request an extension to file. If you determine that you OWE taxes when filing, you should make a payment with the Form 4868.