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    Trishala Raj's Avatar
    Trishala Raj Posts: 95, Reputation: 1
    Junior Member
    		  
    #1

    Mar 17, 2009, 07:44 AM
    Am I resident alien or non resident alien?
    I came to US in 2007 Nov on an H1B visa. I have been here since except for a 30 day visit to India in 2008. Now I have been here for 183 days and more. To be a resident alien, should this 183 days include days from 2006, 2007 and 2008?

    Thanks in advance.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #2

    Mar 17, 2009, 07:44 PM

    You are a resident alien for the entire year in 2008.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Mar 17, 2009, 10:56 PM

    If you are married you can file joint return even when your spouse has never been to the U.S. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    Trishala Raj's Avatar
    Trishala Raj Posts: 95, Reputation: 1
    Junior Member
    		  
    #4

    Sep 10, 2009, 09:48 AM
    Quote Originally Posted by MukatA View Post
    If you are married you can file joint return even when your spouse has never been to the U.S. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

    Hi MukatA,

    I had filed for a state extension (PA) as I was waiting for my spouse ITIN. In the ferdral return, I filed as MFJ even though my spouse came to US in Jan 2009. I attached a statement saying my spouse is a resident and not a non resident and declared worldwide income etc.Now when I file the state, should I attach this statement too for the state of PA return? Or can I just file MFJ and not mention anything else.

    Please do let me know ASAP.

    Thanks in advance.
    Trishala Raj's Avatar
    Trishala Raj Posts: 95, Reputation: 1
    Junior Member
    		  
    #5

    Sep 10, 2009, 10:34 AM
    MukatA- It's a follow up
    Hi MukatA,

    I had filed for a state extension (PA) as I was waiting for my spouse ITIN. In the ferdral return, I filed as MFJ even though my spouse came to US in Jan 2009. I attached a statement saying my spouse is a resident and not a non resident and declared worldwide income etc.Now when I file the state, should I attach this statement too for the state of PA return? Or can I just file MFJ and not mention anything else.

    Please do let me know ASAP.

    Thanks in advance
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Sep 11, 2009, 12:31 PM
    The Residency Choice statement is NOT required for the Pennsylvania return. Just file MFJ for PA and use your wife's ITIN when you get it.
    Trishala Raj's Avatar
    Trishala Raj Posts: 95, Reputation: 1
    Junior Member
    		  
    #7

    Sep 11, 2009, 02:30 PM

    Thank you so much.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Sep 14, 2009, 07:44 AM
    Glad to help!
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