[silviazhao]

Hi,

I'm working with H-1B (approved in Jan. 09) and when I was a F-1 student with on-campus job I used to file 1040NR-EZ (non-resident alien) with marital status "single" for federal tax and Louisiana Resident tax refund form with "married" for state tax, as suggested by a tax coordinator at my school. At that time my husband was F-2 and later he changed to F-1. In this May my husband started to work with his F-1 OPT. We have a few questions about our tax forms:

(1) What should be the marital status of my husband on his W-4 form?

(2) This year can we file jointly for both federal and state taxes? If yes, which forms to file and what should be our residential and marital status? If not, which forms and what's our status?

Thank you so much in advance.

Sylvia

[AtlantaTaxExpert]

1) Single with ONE exemption.

2) Probably Form 1040EZ for the federal return; not sure for Louisiana. If you file jointly for the federal, you will file jointly for the state.

[silviazhao]

Thanks for your answer. For (2), if we file 1040EZ, our status should be resident and married. Correct?

1) Single with ONE exemption.

2) Probably Form 1040EZ for the federal return; not sure for Louisiana. If you file jointly for the federal, you will file jointly for the state.

[AtlantaTaxExpert]

Yes, that is correct!

[MukatA]

silviazhao:
For 2009, you can file joint return as resident as you are in the U.S. in 2009.
On your W4, you are married and should claim 0 or 1 allowance.