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-   -   F-1 to H-1; Spouse on H-4; Resident Alien or Not (https://www.askmehelpdesk.com/showthread.php?t=205418)

  • Apr 13, 2008, 03:14 PM
    newbie2008tax
    F-1 to H-1; Spouse on H-4; Resident Alien or Not
    Hi,

    I was on F-1 visa from 2002 to 2006 and on F-1 OPT till Oct 2007. I moved to H1B on 2nd Oct 2007. My wife has been on F-2 (when I was on F-1) and has moved to H4 with change in my status. She has an ITIN (not a SSN).

    Based on Substantial Presence Test, I am required to file 1040 as Resident Alien. This takes into account the fact that I have been on F-1 for more than 5 years. Is this Correct?

    If I am filing as "Married filing Jointly", I am not eligible for 2008 Rebate as my wife does not have SSN. Does "Married filing Separately" makes more sense?

    Thanks!
  • Apr 14, 2008, 05:00 AM
    MukatA
    On F1/OPT you are exempt from residency for 5-years. You will file resident return in 2007. Even if you file a separate return, you need ITIN of your wife. Without ITIN, IRS will not process your return.

    Yes, you will not get stimulus tax rebate. For more info, read Your U.S. Tax Return: Are You Eligible for 2008 Stimulus Tax Rebate Payment?

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