I came to US in 2007 Nov on an H1B visa. I have been here since except for a 30 day visit to India in 2008. Now I have been here for 183 days and more. To be a resident alien, should this 183 days include days from 2006, 2007 and 2008?

Thanks in advance.

You are a resident alien for the entire year in 2008.

If you are married you can file joint return even when your spouse has never been to the U.S. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

If you are married you can file joint return even when your spouse has never been to the U.S. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)


Hi MukatA,

I had filed for a state extension (PA) as I was waiting for my spouse ITIN. In the ferdral return, I filed as MFJ even though my spouse came to US in Jan 2009. I attached a statement saying my spouse is a resident and not a non resident and declared worldwide income etc.Now when I file the state, should I attach this statement too for the state of PA return? Or can I just file MFJ and not mention anything else.

Please do let me know ASAP.

Thanks in advance.

Hi MukatA,

I had filed for a state extension (PA) as I was waiting for my spouse ITIN. In the ferdral return, I filed as MFJ even though my spouse came to US in Jan 2009. I attached a statement saying my spouse is a resident and not a non resident and declared worldwide income etc.Now when I file the state, should I attach this statement too for the state of PA return? Or can I just file MFJ and not mention anything else.

Please do let me know ASAP.

Thanks in advance

The Residency Choice statement is NOT required for the Pennsylvania return. Just file MFJ for PA and use your wife's ITIN when you get it.

Thank you so much.

Glad to help!