I came to US on November 2007 on J1 Visa (my wife and child were in J-2 visa). I changed my status to H1B visa on October 2008. My wife and child to H4.
In 2007 I worked only two months, and I filled my tax as 1040NR-EZ in 2008

For the year 2008 taxs refund:
1) what is exactly my status for the taxs: resident alien, non resident alien? What form should I use? I worked all 2008 in US and I don't have in other income from outside US.

2) How should I file my IT Returns, as a Single or Married filing Jointly or any other type which will help me getting best possible returns? Should I claim my wife as dependent?

3) My wife is not eligible for SSN, and she is not working, I checked in the IRS dept for ITIN Number of my wife. They informed me that I need to file W-7 along with Passport copies with my Returns. Is it OK ?


Please help me.

Regards,
Habibi

You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

You will get standard deduction of $10,900 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Thank you for your answer. Should I wait for 5 months even if the deadline for taxes claim is in April?
Thanks again

Yes, you can file Form 4868 to get an extension to 15 Oct 09.

If you OWE taxes on your return, you should include a check tocover your tax liability with the Form 4868, because the extension is for FILING, NOT for paying.

Hi,
I have question about federal tax filling that which form I do need to fill to get my tax return. Would it be 1040NR-EZ or 1040EZ or any other.
Now I am on H1B and till April 2008 I was on J1. On H1B I am paying 27% tax although I have spouse, I also did pay taxes on J1. I would be grateful if you can guide me about tax filling.
Thanks, Asma

aejaz:
You can file resident tax return Form 1040EZ or 1040A or 1040 as married filing jointly.