sumitray
Jul 26, 2009, 09:38 PM
I was on F1 (and then OPT) between the period Jan 1st and Sep 30th of 2008. My H1 was approved from 1st Oct 2008. For tax filing, I am planning to take the first year option for getting better tax return. I requested for tax extension and completed the SPT requirement in 2009 to qualify for first year choice. However, I have some doubts. If I opt for first year choice -
1) can I claim to be considered a resident alien for the entire 2008 and I file 1040 w/ married filing jointly?
OR
2) Do I get considered a resident alien only for the period Oct 1 to Dec 31 and file a dual status tax return? As in dual status return I cannot do married filing jointly, so I do married filing separately.
The tax returns are very different between these two options. So, I need some guidance to understand which one is correct.
1) can I claim to be considered a resident alien for the entire 2008 and I file 1040 w/ married filing jointly?
OR
2) Do I get considered a resident alien only for the period Oct 1 to Dec 31 and file a dual status tax return? As in dual status return I cannot do married filing jointly, so I do married filing separately.
The tax returns are very different between these two options. So, I need some guidance to understand which one is correct.