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    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Mar 24, 2009, 04:59 AM
    Return back to India with H1B status what tax from should be filled
    I was in USA from Aug 2004 on F1, then from Aug 2007-Sept 08 I was on OPT, I was working with one company, I got married in Dec07, My wife left job in India and came to USA in Feb 08 on F2 Visa, I have filled 1040 (residants alian) form for tax reurns last year jointly (One of our known family told us to submit 1040 as I am married), but as my wife was keeping ill health she went back to India after 5 months.
    Then I got H1B in Oct08, but I return back to India in the end of Nov08 and now I'm not palning to go back. In between I have changed two companies in USA. So I got two W2 from two diffierent stats (IL and Florida). How shoud I file for tax returns this year for USA. My wife started working in India again. Should I file jointly or Individual (As she will filed her tax returns in India as well) and which forms I should use?
    Please suggest. I'll appriciate your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 14, 2009, 11:04 AM
    You filed incorrectly for 2007. You should have filed Forms 1040NR and 8843 and claimed your wife as a dependent.

    That is also how you need to file for 2008.

    If you need professional help to amend your 2007 return and file the 2008 return, email me at [email protected].
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