Hello,

My name is Ritu Jain and on H4 visa. My husband was on F1 visa from January to September 2013 and then on H1-B visa from October to December 2013. We will be electing the First Year Choice status for Year 2013 as we will be in US for 2014 thus fulfilling the substantial presence test for 2014. I understand that we need to wait till July 2nd, 2014 to file form 1040 as resident alien for the entire year 2013.

The only query I have is do we need to file 1040NR by April 15, 2014 as we will not file anything before July 2nd, 2014?

Actually, your filing date is 1 June 2014 if you were in the U.S. from 1 October to 31 December 2013.

You simply file Form 4868 to request an AUTOMATIC filing extension to 15 October 2014. If your tax calculations show you will owe money when you file, you should send a check with the Form 4868, because the extension is an extension to FILE, NOT an extension to PAY.

If you need professional help, please email me at the email address in my profile.

Thank you AtlantaTax Expert!So is there any need to file 1040NR? As my husband had OPT income. Also, from my understanding, we will be resident alien for the entire year 2013 right?

You WOULD be a resident for ALL of 2013, so you would file either Form 1040, 1040A or 1040EZ, but NOT Form 1040NR.