Hi ATE,

Thank you so much for everything you have done for all of us. I really really appreciate your help and advice. You are THE man!

My case is like that:

I came to US on F1 in 08/2000, and had been on F1 until I got my H-1B visa on Nov. 1st last year. From last May to last Oct. I worked for the company using my CPT.

My wife came to US on F2 in 12/2000. She changed to F1 in 06/2003 and she has been on F1 since then.

Since we both have been in US for more than 5 years, shall we file jointly as resident alien for 2005 tax return using 1040? If not, could you please let me know which forms we shall use instead?

Thanks again. I look forward to hearing from you soon.

Best regards,

Beijing

Beijing:

Yes, your exemption from the Substantial Presence Test expites on 31 December 2004.

For this reason, you should file as a resident alien in 2005, filing Form 1040, 1040A or 1040EZ with your wife.

Thank you so much, ATE. Have a great weekend!

Glad to help!