I have come to USA on 1st Nov 2010 from India (L1 visa)
I will be leaving USA on 10th July 2010.

I filed tax return for 2009 as non resident allien.
What will be my status for 2010. Non resident or Resident or dual status allien?

Can I avail standard deduction in the return ?

For 2010, you are dual status. You may file resident return for 2010 or dual status return.
On resident return, you must report your worldwide income for 2010.
On dual status return, you will report your U.S. income earned while in the U.S.

If you file as a dual-status or a non-resident alien (your choice), you CANNOT claim the standard deduction.

If you file as a resident alien (an option available to you ONLY IF you are married), you can claim the joint standard deduction of $11,400, but you must report ALL world-wide income for BOTh yourself and your spouse.

Quote:

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Originally Posted by AtlantaTaxExpert

If you file as a dual-status or a non-resident alien (your choice), you CANNOT claim the standard deduction.

If you file as a resident alien (an option available to you ONLY IF you are married), you can claim the joint standard deduction of $11,400, but you must report ALL world-wide income for BOTh yourself and your spouse.

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Thank you.

Glad to help!