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-   -   Taxes - OPT and claiming dependents (https://www.askmehelpdesk.com/showthread.php?t=553844)

  • Feb 12, 2011, 03:14 PM
    TOB123
    Taxes - OPT and claiming dependents
    My husband and I are from England and are now on OPT (will have H1B in a few months). We have 2 children (4 and 2 years old) both US citizens. We pass the substantial presence test and are residential aliens. My question is can we claim our kids as dependents. We were advised a year ago that we couldn't claim our kids because of our F1 visa status. We want to make sure we are adhering to the tax laws.
  • Feb 12, 2011, 08:24 PM
    MukatA

    If you did not complete 5 years on F-1 and OPT, you must file nonresident tax return. On nonresident tax return, you can not claim exemption for dependents.
    If you change to H1-B, then starting from that year, you can choose to file joint return as residents. Your U.S. Tax Return: The U.S. Visas
  • Feb 13, 2011, 02:46 PM
    TOB123
    Thank you, we completed 7 years on an F-1 visa so we have filed as residential alien. Is that correct?
  • Feb 13, 2011, 11:37 PM
    MukatA

    Yes, you will file resident return. You can claim the dependents.
  • Feb 14, 2011, 07:18 AM
    TOB123
    Thank you for your help.

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