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-   -   Couple in H1 and OPT (https://www.askmehelpdesk.com/showthread.php?t=23051)

  • Mar 19, 2006, 06:59 PM
    bluelf
    Couple in H1 and OPT
    Hi,

    We are a couple, one in H1, and one in OPT, what is the best way for us to file the tax? My understanding is we should file separately, one in 1040a, one in 1040nr, in order to get the OPT Exemption.

    Is this correct?

    Thank you very much.:)
  • Mar 19, 2006, 07:05 PM
    bluelf
    Also, can I claim my wife(in OPT) as my dependent?
  • Mar 19, 2006, 10:01 PM
    AtlantaTaxExpert
    You CAN each file your own return, or you can file jointly using the Form 1040A and your wife will be treated as a resident alien.

    You CANNOT claim your wife as a dependent.
  • Mar 20, 2006, 07:43 PM
    bluelf
    Quote:

    Originally Posted by AtlantaTaxExpert
    You CAN each file your own return, or you can file jointly using the Form 1040A and your wife will be treated as a resident alien.

    You CANNOT claim your wife as a dependent.


    So her salary is not exempted? So what is exempt for OPT? Only SSN and medicare?

    Thanks for your reply:)
  • Mar 21, 2006, 09:30 PM
    AtlantaTaxExpert
    Even someone on a F-1 visa must usually pay income taxes.

    The exemption under the F-1 visa is for Social Security and Medicare taxes.

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