Hi,

I worked on L1 visa in US from 2005 June to 2008 sep. I returned back to my home country India in sep 2008 and got married in sep 2008. Now I am in India and my wife has never travelled to US.

I got my W2 and I am planning to file my 2008 tax return online. Please let me know what should be my filing status.

Rajesh:

You need to file a dual-status return, filing BOTH Forms 1040 and 1040NR.

You will pay taxes ONLY on U.S.-sourced income earned while in the U.S.

You will NOT be able to claim your wife as a dependent.

This is NOT a return for amateurs; suggest you get professional tax help.

If you need professional tax help, contact me at [email protected].

NOTE: If you are going to RETURN to the U.S. in 2009, then you can file as a resident alien. But you MUST be sure of your return, because your resident alien filig is being done under the Continuous Presence policy, which does NOT apply if you are not physically loacted in the U.S. under a work visa.