Hello Sir,

Can you please let me know if for the year 2010:

1. Should I file my taxes under Non Resident Alien category OR Resident Alien for tax purposes category OR Dual status.

2. Also, Social security and Medicare taxes have been with held for me for 2010. Can I request a refund for these?

I am providing below the details of my stay and visa status in the US.

Calendar Year - Immigration Status Held During Each Calendar Year - Approximate Total Number of Days Present in the U.S. During each Calendar Year

2010 J1 Research Scholar 352 days in US
2009 J1 ECFMG Medical Trainee 136 days in US
2009 F1 Student 131 days in US
2008 F1 Student 366 days in US
2007 F1 Student 365 days in US
2006 F1 Student 136 days in US

The following are the exact days of my arrival, stay and departure to and from the US.

Originally arrived to US: Aug 18-2006 on F1 visa then left US 1st time on May 11-2009 (131 days on F-1 visa for year 2009)

Then, came back to the US on June 16th, 2009 on J -1 ECFMG Medical Trainee visa, and then left US 2nd time on Oct 29, 2009 (136 days in US on J1 ECFMG visa for 2009)

Then entered the US 3rd time on J1- Research scholar visa on Jan 14th , 2010 and present for entire 2010 and presnt till today. (352 days on J-1 research visa in 2010). Also, as of 31 Dec 2010, my status was married, however my wife was still in India by that time.

As always, I am confused as to which form I need to file.

Please guide me through this. I will appreciate your help in this regard

Even though your I-20 probably says researcher/scholar, you are considered a trainee for visa purposes.

The time as a F-1 student DOES count against your 2-year J-1 visa period, so, for 2010, you are a resident for tax purposes.

File jointly with your wife; her physical location is irrelevant if you are filing jointly, but you WILL need to apply fro an ITIN for her, and she WILL need to sign both the Form W-7 and the joint tax return. It will be time-consuming, but the process IS doable.

If you need professional help filing your return, email me at [email protected] or [email protected].