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View Full Version : 2 W-2s, F1-OPT-H1, married


Ravi007
Mar 4, 2008, 01:21 PM
Trying to figure out which form is right for me...

Jan 05 - Entered USA with F1
Jan 07 - OPT started
April 07 - Work started
Oct 07 - Changed to H1B
Oct 07 - Got married
Spouse on H1B from Oct 06. (I understand that she is a resident alien as she passed the SPT and will be filing 1040 with married filing separately status. Will that be right? )

I got 2 W-2s from my company.
No Social Security Tax or Medicare Tax withheld in one W-2. (F1 (OPT) period)
Social Security Tax or Medicare Tax withheld in the other W-2. (H1B period)

I am filing with married filing separately status.
Am I supposed to file using 1040? Or 1040NR? Or 1040NR-EZ?

Can I claim the following deductions?

Indian tax treaty - $5150
Personal Excemption - $3400

My W-4 has a total count of H as 2 (Line 5, I believe)
So can I also claim the following deductions?
Married filing separate - $5350
Head of Household - $7850

Plese help me solve this puzzle.
Which form?
What are the deductions?

Thanks

AtlantaTaxExpert
Apr 18, 2008, 11:36 AM
You CANNOT file as a resident alien if you file separately; you must file as a non-resident alien.

You CAN claim the standard deduction ($5,350) and personal exemption ($3,400) under the Indian Tax treaty.

You CANNOT claim Head of Household regardless of whether you file separate or jointly.