I was on OPT before my H1B is approved on in 2014 but I left US on Aug 2014 and returned with H1B visa on Dec 29, 2014. My company start paying me on Jan 5, 2015. I was working as H1b for the whole 2015 only traveled back for two weeks in summer to get married. Do I have the first year choice? Or I just file as residence alien? My husband is entering the six year of F1 in 2015. Should we file jointly or separately? Sorry about those many questions.

File jointly with your new husband. You are considered married for the whole year if you are married on 31 December 2015.

First year Choice does not apply for either of year, which mean you can file electronically.

Quote:

---

Originally Posted by AtlantaTaxExpert

File jointly with your new husband. You are considered married for the whole year if you are married on 31 December 2015.

First year Choice does not apply for either of year, which mean you can file electronically.

---

Thanks for replying. I have another confusion. My health insurance through my company start on Feb 2015 so the 1095 B form I received showed I didn't have coverage in Jan 2015. I read somewhere else says H1B has about 6-10 months before being subject to ACA. So do I need to pay fine for that Jan consider everything that I entered US as H1B at end of 2014 and stayed for most of 2015? Or do the short gap exemption apply to me? I wasn't in US in Nov 2014 so I think I can use short gap exemption for the end of Dec 2014 and Jan 2015.

The short-term gap exemption applies in your case, so use it.