Hi,
First of all, I am not able to change the subject. It should say: Can I file as a resident alien?
I live in bay area. I started on H-1B on Oct 1, 2007. Before that, I was on F-1. Also, I got married in Nov, 2007 and my wife is here with me since Dec, 2007 on H-4. I filed for tax return extension earlier this year.
My question today is:
Can I file my taxes as Resident Alien (instead of non-resident)? Also, what would be my status while filing it: Married filing separately or Married filing jointly (considering my wife is in US on H-4 visa, she doesn't work and of course, doesn't have an SSN). Also, we both have been in US without any gap since Dec, 2007.


Any help is greatly appretiated.

For 2007 your can file resident tax return as Married Filing Jointly. You will attach ITIN application W7 for your wife.

If you file a separate return, then you must file a non-resident tax return.

Hi Mukat,
Thanks for the quick reply. Just confirming:
So you mean I can file as a resident alien even though I was on H-1B only from Oct 1st in 2007?

Thanks

Yes, since you have completed SPT in 2008.
On the resident tax return, both of you must report your worldwide income for full year.
You will also attach a statement of "First Year Choice."
Read IRS publication 519 Tax for Aliens.

That's exactly what I had in mind and was the only reason I filed for an extension earlier.
Thanks so much for your help Mukat, I really appreciate it.

DeepakZ:

To be clear, for 2007, in order to file as a resident alien, you must file jointly with your wife and you both CHOOSE to be treated a resident aliens for all of 2007.

This means BOTH of your world-wide incomes are subject to U.S. taxes, though this can be offset by either the Foreign Tax Credit (Form 1116) or Foreign Income Exclusion (Form 2555).

One last question for this year : Can I use form 1040EZ and claim standard deduction + exemption for both of us as $17,500? I would still be filing W-7 for my wife's ITIN and also attaching a statement for First Year Choice.

Yes, you CAN use Form 1040EZ if you otherwise eligible to use that form.

Just leave the SSN area for your wife BLANK, and send the Form 1040EZ, the Form W-7 and the Residency Choice statement to the addresss in the W-7 instructions.

Thank you so much TaxExpert and Mukat :-)

Glad to help!