Hi,
I was in OPT(F1 visa) from 1st jan till 30th Sept 2013. My H1B started on 1st Oct.Now I am filing my tax. I have couple of questions regarding that.

1. As per "First year residency" , can I file my taxes as a dual resident ?

2. Again as I was on H1b at the end of the year and I am married,my wife is in H4 visa , can I file my tax as a resident for the whole year (2013) ?

Please advise me..

Thanks Ani

Ani,

You can file jointly with your wife and you both CHOOSE to be treated as resident aliens for all of 2013. You must sign a statement to this effect about such a choice.

This allows you to file as residents, BUT you must wait until 1 June 2014 to file, because you have not yet met the Substantial Presence Test.

If you need professional help filing your return, this IS what I do! Please email me at the address in my profile.