This is my first time to file tax in US. I appreciated your help.

I am canadian, came US in Aug. 2008 for the teaching job on h1B. My son came in Aug. too, on h14.

Should I file dual status?
Which forms to use?
Is there any good software to use? Thanks.

If you were not in the U.S. in 2006 and 2007, then you are nonresident for 2008.
If you are not married, then you can file nonresident return Form 1040NR or 1040NR-EZ.

Thank you for the answer. I still have some questions:


If I am non-residance alian, do I get the first year choice?

Is there any software for 1040NR?

Do I have to send the forms to IRS by mail, can not efile?

Yes, you can get First Year Choice. But you did not explain which first year choice? Dual status, married filing jointly..

Nonresident return must be paper return and can not be efiled. Most of the software do not do this 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.

I heard about 'first year choice, Dual status. But not sure it will be better for me. It seems canada has treaty with US.

There is no benefit in filing dual status unless you have some deduction during H1-b which is available on the resident tax return and not available on nonresident tax return.

H1-B is work visa and you do not get any treaty benefit. You can claim dependent on nonresident tax return.

For software, see Cintax.

I need help, I am waiting on line for your answers. Thanks.

Does a canadian (non resedence alian) have tax exemption as h1B?

EastHigh:

You never answered the question as to whether you are married or not.