[k_04]

Hi

I am on F1 status currently . I got married on 31st December 2008. I do not have SSN and I have not worked till now .My husband is on H1-B for last 3 years. We currently stay in omaha(NE) and I have studied in California. I have following questions

1) can my husband file the tax return joinlty?

2) Do I need to have ITIN ?

3) If I get an ITIN , am I still eligible to get an SSN? Since I will be starting my OPT from July 2009.

[MukatA]

1. Yes, jointly as residents.
2. You will attach W7 (ITIN application) with your tax return (if you can not get SSN).
3. Yes.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[k_04]

Thanks a lot Mukata for your quick reply..

I have one more querry, Is it mandatory for me to attach w7 form with the tax return? Because I am eligible to get an SSN and I will be getting by EAD to start my OPT from July 2009.I am confused since I have read that once you get an ITIN you cannot work.Last year I had filed form 8843 which does not require any ITIN or SSN . Can I file this form jointly with my husband?

Thanks in advance for clarifying my doubts.

[MukatA]

No, you can not file joint return without ITIN.
Once you get SSN, you will stop using ITIN.

It is not that 'once you get ITIN you can not work," instead ITIN does to authorize to work; you need valid SSN to work.