Hello,

I was on F1-OPT till September 30, 2010 and my status changed to H1B from October 1 2010.

I got married in March 2010, and my husband is on H1B. My CPA jointly filed me and my husband and said that I owe $3200 to the Federal. Am I not eligible to file 1040 NR and avail the tax treaty exempt (US-India) since I was on my F1-OPT during most of the year?

Yes, you CAN file Form 1040NR if you file separate from your husband. However, your OPT income is NOT tax-exempt, because it is sourced in the United States and NOT in India.

I would have to review the actual tax documents to be sure, but it is likely that filing jointly is the better option tax-wise.

If you need professional help filing your return, email me at [email protected] or [email protected].