[GuruRajindia197]

Hello Atlanta Tax Expert,

I have gone through all the Questions/ Answers in the form & you have answered
Nicely. But Just to confirm I am posting this Question Again.

I am Working in USA since from 2006 on H1b Visa.I got married in India india in August2008 and I came back to USA on Aug 2008 Last week/4th week.

These are the steps I am going to do .Please confirm.


1) I need to get my W2 , that I will get it next week.

As per my status ( I am on H1 my wife H4 since Aug 2008 ) I need to file taxes
Jointly to get more benefits. What forms I should use ( Like 1040 , 1040 NR etc) to
File proper taxes.I am a resident of California.

2) In September I changed to another company B , But still company B holds my H1 visa.
Company B did not generate the Pay stubs I mean I was looking for project in 2008.
Since there is no pay stubs generated , Do i need to get the W2 from employer B.
Because even though I legaly belong to company B. I did not work form them on projects . So no salary paid.Do I need to ask for Employer to get W2.

3) So for my wife I need to file ITIN along with my taxes.Does she treated like Resident?
Do I need to file under "First year Choice""

4) I need to get ITIN before to file my State taxes ?confirm.

Thanks
Guru.

[MukatA]

1. Employers must mail W2 by Feb 2, 2009. Form 1040 is resident return and Form 1040Nr is non-resident return.
2. If you did not get any income, you will not get W2.
3. On joint return as residents you will attach W7 (ITIN application)
4. Yes, file federal and wait to file state return.

[AtlantaTaxExpert]

Actually, you do NOT have to wait to file the California return. The state of California WILL accept a joint return without your spouse's ITIN.

You just need to forward the ITIN to California when she gets it from the IRS so they can update the tax records.

Other than that, MukatA's advice is accurate.