1)Indian Passport. I am with L1A visa. Entered US on 26th August 2007 and have an SSN
2)My wife hold L2 visa but not accompanied by me and never visited US. She does not have an SSN/ITIN.
3) My stay at US is undecided: If the project for which I am slated is starting, I will be in US for an year. If not, I have to return to India, by Feb End 2008/ March start 2008. As on date, my stay in US in uncertain. ( To pass the substantial presence test). In that case I understand that I have to file 1040NREZ. Please advice.
4) My W2 contains taxes withheld for Federal Tax and NY state and I do not have any other income except wages.


Question: Which form should I file? 1040 (Resident)/ 1040NR( Non Resident)/ 1040NREZ (NR with no other income except wages)?
Or should I wait till a decision on my return to India is taken?

File as a non-resident alien, filing Form 1040NR-EZ or Form 1040NR if you paid your moving expenses.

If you then stay longer, you can amend the return and file jointly with your wife with you BOTH choosing to be treated as resident aliens.

Your wife's physical location is irrelevant to filig jointly.

1) By filing 1040NREZ, can I get a deduction of USD3400 as exemption for me? Can I claim Medical expenses ( like co-pay amount) as deduction?
2) While filing 1040NREZ, can I have an itemized deduction for the State Tax paid?
3) Am I eligible to file Dual Status Alien for the year 2007 so that I can get another exemption of $3400 for my spouse?