Hi, I know there are a lot of discussions regarding the F1 OPT to H1B dual-status tax information. However I cannot find anything similar to my case.

I entered USA as a F1 student on 2006 and I started my H1B since last October. According to the substantial presence test, I do not qualify for resident alien tax status for last year. My wife is a LPR since 2007. So my questions are:


1. Could I still claim the tax-treaty between China and USA since I had income during the time I am working as a F1-OPT?

2. My employer paid my relocation as income which is subject to federal and state tax. Could I claim them back with my status?

3. If I want to file with my wife, technically I have to file for extension first and then file jointly after I fulfill the substantial presence test. Could I use TurboTax to do our taxes? Is TurboTax capable of doing 8843 form for the tax treaty?

4. Do we get a bigger refund by filing separately as married couple or filling jointly?

Thanks a lot for your time.

James

1. If you file nonresident tax return, you can claim treaty deduction as you have OPT income.
2. If you meet the requirements, you can claim moving expenses using Form 3903.
3. If you file joint return, you treat yourself resident for full year. You do not file Form 8843 and do not get treaty benefit.
4. Do you return both ways and find out.

Thank you MukatA. In case I want to file jointly after the extension, should I go for a taxation place to file my tax or TurboTax online is enough for me?

You can use any tax software. People use professional help to make sure that you do not miss any thing and return is correct.