My husband came to the US in 2007 on a j1 visa as a resident .In September of 2011 he transferred to a Hlb visa and is now working as a physician.Is he entitled to any tax exemption whether as a h or j isa holder? He ia from Jamaica

For the FIRST year only (2007), he is entitled to a $7,500 treaty exemption.

The second year (2008), he must file as a non-resident alien, filing Form 1040NR-EZ.

In BOTH years, he must also submit Form 8843.

Starting in the third year (2009), he can file jointly with you and you both sign a statement CHOOSING to be treated as resident aliens.

For 2010, you both are treated as resident aliens for tax purposes and can file electronically like any other U.S. citizen.

If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).

H1-B is work visa; you must pay taxes like a U.S. citizen or resident that is you do not get treaty deduction.