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    rits7dl's Avatar
    rits7dl Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 29, 2009, 08:00 PM
    Married OPT H1B
    Please advice the available options for me in 2010. I was graduate student till May 2007 and was on F1 Visa while my wife was on F2 visa. Then we went to OPT status and H1B status kicked in on October 1st, 2009. My wife is on H4 since October 1st. The questions that we have are:
    1) What should be our filing status? Which forms to file?
    2) Do we qualify for the deduction based on treaty with India?
    3) Is it possible for me to get tax exemption on my MBA fee/

    Any other tip is highly appreciated,
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 30, 2009, 09:49 AM
    If you wait intil early June 2010 to file, you can file jointly with your wife and you BOTH choose to be treated as a resident alien. This gets you the $11,400 JOINT standard deduction plus TWO $3,600 personal exemptions. This is better than the $5,700 standard deduction you get filing as a non-resident alien while claiming your wife as a dependent. Further, you can claim the Lifetime Learning Credit if you file jointly, an option NOT available to you as a non-resident alien.

    All things considered, it is better to file the extension, wait until 1 June 2010, then filing jointly.

    If you need professional help, email me at [email protected].
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