[arvind2000]

Hello,

I am from INDIA.

Here is my status:

• Me on F1 between Aug 2005 and Dec 2007
  Me on OPT between Dec 2007 to Oct 2008
  
  Got married on Oct 2008
  Wife(H4) and Me (H1B) entered US on November 16 2008.
  
  Me on H1B from Oct 2008 to present
  Wife on H4 from Oct 2008 to present

From this forum, I found that

• I can file tax as "Married - filing jointly"
  I can file 1040EZ as resident alien (provided me and my wife pass SPT)

Here are my questions:
1. Should we both pass SPT?
2. When is the earliest, we both can pass SPT?
3. How can we file an extension for state tax?
4. How can we file an extension for federal tax?
5. How and When should my wife apply for her Individual Taxpayer Identification Number (ITIN)
6. Filing which is better? 1040EZ or 1040NR-EZ?

Thanks in advance.

[arvind2000]

I just found that both of us should pass SPT

and we pass SPT on June 17 2009.

46 days present in 2008 DIVIDED BY 3 = 15 days
should be present (183 - 15 =) 168 days in 2009

to pass SPT.

Few set of additional questions:

1. Should I wait to file my state tax?
2. Is so, how can I file as Married - Filing Jointly?

[MukatA]

You can file resident tax return as Married Filing Jointly. You will have to wait to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009. On one with H1-B must meet it. (Even if other spouse has never been to the U.S. you can file resident tax return).

You will get standard deduction of $10,900 and exemptions for both of you.

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[arvind2000]

Good News!

I filed my wife's ITIN W7 application along with my 1040 on June 24, 2009 in person at the nearest IRS office.

Got the ITIN on June 20, 2009

I have got my refund on July 22, 2009 for the exact amount.

Thanks,

Arvind