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-   -   2 W-2s, F1-OPT-H1, married (https://www.askmehelpdesk.com/showthread.php?t=191060)

  • Mar 4, 2008, 01:21 PM
    Ravi007
    2 W-2s, F1-OPT-H1, married
    Trying to figure out which form is right for me...

    Jan 05 - Entered USA with F1
    Jan 07 - OPT started
    April 07 - Work started
    Oct 07 - Changed to H1B
    Oct 07 - Got married
    Spouse on H1B from Oct 06. (I understand that she is a resident alien as she passed the SPT and will be filing 1040 with married filing separately status. Will that be right? )

    I got 2 W-2s from my company.
    No Social Security Tax or Medicare Tax withheld in one W-2. (F1 (OPT) period)
    Social Security Tax or Medicare Tax withheld in the other W-2. (H1B period)

    I am filing with married filing separately status.
    Am I supposed to file using 1040? Or 1040NR? Or 1040NR-EZ?

    Can I claim the following deductions?

    Indian tax treaty - $5150
    Personal Excemption - $3400

    My W-4 has a total count of H as 2 (Line 5, I believe)
    So can I also claim the following deductions?
    Married filing separate - $5350
    Head of Household - $7850

    Plese help me solve this puzzle.
    Which form?
    What are the deductions?

    Thanks
  • Apr 18, 2008, 11:36 AM
    AtlantaTaxExpert
    You CANNOT file as a resident alien if you file separately; you must file as a non-resident alien.

    You CAN claim the standard deduction ($5,350) and personal exemption ($3,400) under the Indian Tax treaty.

    You CANNOT claim Head of Household regardless of whether you file separate or jointly.

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