[FTTT]

Thanks a lot for the answer MukatA, appreciate it.

I came to the US on June 23rd 2008 and haven't left the country since. Does this not qualify me as a Resident Alien? Earlier I had miscalculated and thought I wasn't.

But When I count the days from June 24th till Dec 31st 2008, its more than 183 days, its about 194 days. So Can't I apply as a Resident Alien and claim dependent exemption and also apply before the deadline of April 15th?

Thanks,
FTTT

[AtlantaTaxExpert]

FTTT:

This is your first year in the U.S.

That being the case, you are a dual-status alien, not a resident alien. Meeting the Substantial Presence Test by itself does not make you a resident alien.

In fact, if you are a non-resident alien for even one day in your first year in the U.S. you must file as a dual-status alien instead of as a resident alien. There IS an exception to this rule if you are married, but, otherwise, you are stuck with filing as a dual-status alien.