Dear Tax Experts,
I was on F1 till 1-Oct -2008 then on H1B until 31 dec - 2008.
Can you please help answer 2 questions regarding my tax filing -
1. Confirm that I can use first year choice in 2009 by taking extension using 4868(Note -I will be outside US for One month- may 2009)

2.I want to specifically use this to get stimulus rebate, which I would not otherwise get if I file as NR. With NO rebate as NR I would owe a payment of $68 to Federal. So my question is should I make this payment with 4868 form ?

By filing Form 4868 you will get extension to file your tax return.
You can file as dual status as first year choice is you are single.

Thanks for response. I am single. When I file 4868 can I make payment calculation as resident?

Hopefully you filed as a non-resident alien immediately, because filing dual-status offer NO tax advantage, so waiting is not required.

Thank you Atlanta Tax Expert. I have not yet filed my returns. I got married last month when I was outside US. Can I file now as Resident and as Married filing separately. My wife has already filed her returns for 2008.

Your marital status to file is the status you were in in on 31 December 2008, which, based on the post above, is SINGLE.

File as a SINGLE non-resident alien, filing Form 1040NR-EZ plus Form 8843 one last time.