So, I have been on a H1b visa in the US for over 3 years. In 2006, I was married and my wife came here on a H4 visa in November.

From the other questions here, I have gathered that we can file jointly as resident aliens .She will need an ITIN for taxes and that I will have to send W7 with my federal return.

But, what do I do for my state and local returns? I will most probably be past the deadline before I get the ITIN from the IRS.

So, can I apply for an extension to file for my NJ return? Does it have a penalty? What other options do I have? Can I send in a NJ return with status Single and then amend it later as "Married filing jointly".

Any advice will be appreciated.
Thanks

Chandan

Chandan:

You DO have to wait for the ITIN.

But if you are getting a refund from NJ, do not worry about filing late, as there is NO penalty if you do not owe any taxes.