Dear Experts:

My situation is :
F1 from 2004 to 2006
Change to H1b late October 2006
Married, and husband is F1 (less than 5 years)

I am trying to make the first year choice (dual status). My question is: could I (and my husband) file as "married joint resident alien" after filing extension form? Because I found following rules in Pub 519:
"if you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.

.You were a nonresident alien at the beginning of the year.

.You are a resident alien or U.S. citizen at the end of the year.

.You are married to a U.S. citizen or resident alien at the end of the year.

.Your spouse joins you in making the choice."

I'm not sure if I can satisfy No3 above since my husband is F1.

Thank you very much.

Since you are both choosing to be treated as resident aliens for all of 2006, you DO meet the conditions of Item #3.

Thank you very much

Glad to help!