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    ss4539's Avatar
    ss4539 Posts: 3, Reputation: 1
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    #1

    Jan 1, 2009, 06:40 PM
    OPT to H1B - is it possible to file tax as Joint Resident
    I changed over from OPT to H1B on 1st October 2008 . My wife got an H4 approval in October but she is still in India and will be coming back in January 2009. As of now I do not qualify for the SPT but is it possible to wait till I fulfill the SPT requirement and file a joint tax returns with my wife. If so will I have to pay the excess tax as a non resident and then claim a refund once I file as resident (as I will be paying more tax as a non resident ) .

    Thank you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 2, 2009, 11:16 AM
    Yes, you can file jointly with your wife, but you will need to wait until 3 June 2008 before you can file. You will need to file Form 4868 to extend your filing deadline to 15 October 2009.

    You CAN file as a non-resident, then amend, but that is NOT the recommended course of action. It is better to wait and file in June.
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