Hello,

I was in USA on H1B for around 40 days in 2005 and 2006, 120 days in 2007, 27 days in 2008. I am married and my wife was there on H4. Please let me know whether I would be considered a Resident or Non-Resident for 2007 tax return? Which form should I use? Should I file jointly with my wife?

Thank you very much for your help.

You are nonresident. You don't meet SPT test of 183 days.

Thank you very much MukatA for your reply. I am married and I was in USA on H1B. Do I get any tax benefits because of that? Is it just 3400 that I can claim as excemption?

Please reply and oblige.
Thank you once again.

Just $3,400 (for 2007) plus any state taxes paid as itemized deduction.

Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)