Hi I came to US on August 2003 on F1 visa. Then I graduated from the school and joined in my job on OPT from June 2007. On October 1st 2007 my status changed to H1B. I am married and my wife got her ITIN two years back. In 2007, she is in US for about 20 days. Rest of the time is out the country.

I am working in Delaware state, Federal incometax, social security tax and medicare tax were withheld.

Can any one please suggest me which forms I need to file.

Thanks
MK

1. You can file nonresident tax return for 2007. You don't pay social security and medicare taxes during OPT. You will file form 843 for the refund of these taxes.

2. You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test in 2008.
You will get standard deduction of $10,700 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You must both declare your worldwide income for 2007. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.

After the first year, you can file as Married Filing Jointly or Married Filing Separately.

Thanks MukatA for your answers.
MK

Note that if you do OPTION #2, you CANNOT claim a refund for the withheld Social Security and Medicare taxes.