[razedge]

Hi,


I worked on OPT from Jan 2008 - Sep 2008 and on H1B from Oct 2008 onwards.
I acquired H1B status in oct 2008 but did not receive H1B stamp on my passport until Jan 2009 when I visited india.
I did not change my employer in 2008 and have only 1 W-2

I have following questions..
1. Will I be considered resident alien for tax purposes because I pass the criteria for substantial presence test.
( 120 days in 2006 + year 2007 + year2008 + H1B status from oct 2008 to present which is more then 31 days)


2. My Social Security and Medicare taxes were not deducted during OPT, but they were deducted on H1B.


3. Which tax forms should I fill? If I would be considered resident alien for Tax purposes
Will I have to pay Social Security and Medicare Tax for Entire year 2008?


4. What would be my status on tax return form for 2008, F1 or H1B.


I would really appreciate your help in answering these questions.
God Bless you.

[crazytax]

Hi,

I am in a similar situation. But I am married on Feb 2008.
And my spouse in still not in US (visited US a couple of times on Visitor Visa). Spouse is earning income outside US.

Please help me. I have seen some where that I can file ITIN for my spouse and report world wide income.

Is that true? How exactly should I file? What filing status/forms should I use?

Thanks so much in advance!

[MukatA]

razedge:
You did not have H1-B visa in 2008, so you will file nonresident tax return.

[AtlantaTaxExpert]

Razedge:

You are a non-resident alien; file Form 1040NR-EZ and 8843 one last time.

CrazyTax:

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.