Married and changed to H1B after Oct 1,2005
Hi Atlanta Tax Expert,
I read your Sticky Announcement Part II.
I think I can file as a resident alien by virtue of "CHOOSING RESIDENT ALIEN STATUS" that appears on Page 9 of Pub. 519 since:
a) I am married
b) Both me and my wife were non-resdents at the beginning of the year (F1 & F2 respectively)
c) We are both resident aliens at the end of the year (H1B & H4 respectively)
d) We intend to file a joint return
Do you agree?
IF you agree: then my second question is since we had change of status on Oct 1, 2005, do I still have to wait for the substantial presence test to be met for 2006 or can I file right away using Form 1040? (PS- I have already filed for an extension using Form 4868)
Thanks