Hi,

I am holding H-1B, my wife and son are holding H4. I was here in US for 2 times in 2006, June 7 days and December 14 days, my wife and son came here in December and stayed with me till last week of Jan'07. I want to file my returns for 2006. I am still working here on h-1B. My family will join me back in June'07.

Can I mention my wife and son are dependents for year 2006 and get reduction of tax?
If so what I need to do an extra along with tax filing?


Thanks in advance

You do not qualify to file jointly with your wife as you were NOT in the U.S. long enough to meet the Substantial Presence Test.

You need to file as a non-resident alien, filing Form 1040NR-EZ. You cannot claim either your wife or child as a dependent.

You do not qualify to file jointly with your wife as you were NOT in the U.S. long enough to meet the Substantial Presence Test.

You need to file as a non-resident alien, filing Form 1040NR-EZ. You cannot claim either your wife or child as a dependent.

Thank you AtlanTEx for your helpful answer to my question.

But I have another question for this year 2007.

Can I file jointly for this year 2007 since they are going to joining me in June'07 and also I am going to stay enough to pass the Sub'tl Presence Test

Thanks in advance again,

-M

You WILL be able to file jointly for 2007.