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adpcit
Jul 20, 2005, 07:28 PM
Here is my cituation:
I am currently F-1 status(OPT). My H-1B was approved and will be valid this Oct.
My wife was H-1B. She was laid off recenlty.
Should she file F-2 or H-4?
Can I do it by myself or do I need my school or my employer to do it?

Thanks a lot!!
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AtlantaTaxExpert
Jul 24, 2005, 10:13 AM
ADPCIT:

It's a bit early to decide how your wife should file, as she may get another job before the end of the year. The fact that prbably had income in 2005 (you did not say when she got laid off) will probably dictate she file a normal tax return as a resident alien. Since you will probably want to file jointly, that means you would file as a resident alien as well.

Suggest you review IRS Pub 519 from www.irs.gov for details.