Hello,

In 2005, I changed my visa status from F1 -> OPT -> H1B, and I've been in U.S. since the middle of 2002. Also, in 2005, since I had some assistantship when I was in the university, I got two W-2 (one from my university payroll dept. which has my contact address as the one when I lived on campus, the other from my current company which has my contact address as my current one), and after the middle of 2005, I live separately with my husband because we are not in the same city. And I am quiet confused about which form should I use 1040NR, 1040NR_EZ or 1040 …?

Thank you!

Xzhao:

Much depends on exactly when you switched over to H-1B status.

Also need to know your husband's visa status.

Answer these questions and I can give you the needed guidance!

Hi, AtlantaTaxExpert

My OPT started from the middle of May05, and my H1B was approved around the middle of Aug05. My husband still in the university, and his status is F1 from Jul02 to current. Last year, we filed fed separately via CINTAX that the university provided us, and filed state jointly. But since for 05, I guess he will still have to use CINTAX for his fed.

Thank you very much! Any info will be helpful.

Xzhao:

You are a dual-status alien and must file as a dual-status return unless you opt to file as a resident alien under First Year Choice. The dual-status return consists of both the Form 1040 and Form 1040NR. It is a rather complicated return which, In my opinion, you should not attempt on your own. You will need professional tax help!

Your husband can file jointly with you if you file as a resident alien under First Year Choice. However, in doing so, he forfeits his non-resident status and any exemption he may have from Social Security and Medicare taxes. For this reason, it may be better tax-wise if he continues to file as a non-resident alien.