[omerblecher]

Hi

In October 1st 2009 my visa status was changed from J2 -> H-1B (The H-1B was approved in April 2009). My question is if I wait until the beginning of April 2010 (so than I will be considered as a resident since I've got this status for more than 183 days, and it's before April 15th), can I fill a Dual Status Aliens tax return forms? If so, do I mention my income from January 1st to September 30th (as a nonresident) and the income from October 1st until the end of the year seperatly, or I should fill it all together?

Thanks

[MukatA]

If you are not married, file nonresident tax return and Form 8843. Normally, there is no benefit in filing dual status tax return.

[omerblecher]

I forgot to mention that I'm married (my wife is on J1)

[MukatA]

Choice 1: File non-resident tax return.

Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test in 2010. Your U.S. Tax Return: Substantial Presence Test

You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you.

You must both declare your worldwide income for 2009. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

Also if you choose to file as residents (joint return), in future your spouse must pay FICA taxes and will not get treaty benefit.
Or Both of you can file separate nonresident tax return.