Hi Experts,

I am facing a problem
I came to US on H1B Visa on 2nd Sept 2009.
I will be in US till 20th Feb2010.

I got my W2 & when I was trying to file the returns, I came to know that I am a Non-Resident Alien.

I came here in US in 2006/07 in H1B.
I stayed in 2007 from 1st Jan to 30th May 2007. (150 Days)
I was not in US during 2008. (0 Days)
I came to US on 2nd Sept 2009 and till date I am here in US.
My Wife came to US on 20th Dec 2009 and went back to home country on 10th Jan 2010.

So Do I need to file my returns using 1040NR?
Is there any way I can do my filing as a resident Alien and get the Std Deduction available for "Married Filing Jointly" ?
Earliest reply is appreciated.

- Rahul.

For 2009 you will file nonresident tax return. You can not file joint return as residents.

You do not meet the substantial presence test and therefore are a nonresident alien. You cannot elect to be treated as a resident for 2009 if you will not be treated as a resident in 2010 and if you leave in February 2010 you will not be a resident for 2010 either.

However, when you DO file Form 1040NR, you CAN claim daily living expenses for your 2009 portion of the stay, because your tour did NOT exceed one year and this qualifies as a "temporary" job under IRS guidelines. Use Form 2106 to claim the daily expenses and itemize on the Schedule A which is part of the 5-page Form 1040NR.

If you need professional help, contact me at [email protected].