Ask Me Help Desk - My Status & forms

Hello

I came to US in Aug 2004 in F1 visa to do my Masters.
In Dec 2006 my status changed to Opt & I started work with a firm on JAN 2007
My wife joined me on April 2007 and did not work in USA, hers being a dependent visa.

We went to India on a vacation and On 23 NOV 2007 and I got my H1B and my wife her H4
(After getting my H1 stamped from INDIA I came back to USA on 10th Dec 07 and my wife came back on 20th DEC 07)

1)Do I qualify to be a resident alien or non resident alien. What about my wife?

2)What are the forms I need to file for my return? Should I file jointly?

3)Does my wife need to apply for ITIN? If yes, what is the procedure for filing for an extension? Should I file with both state and federal? Where do I get the form?

Please help me. Thanks in advance.

Raj

Choice 1: You can file nonresident tax return and on your OPT income you will get treaty deduction of $5,350 and also exemption for your wife if she did not have any income.

Choice 2: You can file joint return as residents. You must wait to file your return till you meet SPT in 2008. Attach W7 of your wife with your tax return.

Quote:

Originally Posted by MukatA

Choice 1: You can file nonresident tax return and on your OPT income you will get treaty deduction of $5,350 and also exemption for your wife if she did not have any income.

Choice 2: You can file joint return as residents. You must wait to file your return till you meet SPT in 2008. Attach W7 of your wife with your tax return.

If I file as a non resident, can I claim a $3400 deduction for spouse according to Indian treaty? Does she need an ITIN for that also?

Thanks once again.