Ask Experts Questions for FREE Help !
Ask
    xenos14's Avatar
    xenos14 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 12, 2010, 12:18 PM
    F1>OPT>H1B Tax issues
    Case: I am presently on H1b and want to know what will be my status for filing taxes this year?

    From Aug 2006 to Aug 2008 on F1 Visa> 1040NR ez
    From Sept 2008 to Sept 2009 on OPT
    From Oct 2009 on H1b visa
    Status: Married (Wife on H4)

    Question:
    Can I file my taxes from 1040 ez?
    Can I claim for standard deduction of $ 11,000?
    Can I claim my wife as dependent?
    Can I file my taxes as married filing jointly?

    Help will be appreciated!

    Thank you
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 13, 2010, 06:40 AM

    Choice 1: You can file non-resident tax return and Form 8843.

    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

    You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
    xenos14's Avatar
    xenos14 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 14, 2010, 12:22 PM
    Thanks Sir! Also can you tell me how can I extend my tax return in May... Do I need to ask for any extension, if Yes then what's the process?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 14, 2010, 10:43 PM

    File Form 4846 on or before April 15, 2010. Make sure to pay all due tax. Also file state tax return extension.
    xenos14's Avatar
    xenos14 Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Mar 15, 2010, 08:30 AM

    Thanks MukatA... I am a bit confused because as per the substantial Presence test I need to complete 5 years... but my 5th year is starting in May 2010 as I cam here in may 3rd 2006... Can I still file 1040ez after getting an extension?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Mar 15, 2010, 10:37 AM

    You are on H-1B from Oct 2009. The days on H1B are not exempt from residency. But you will not complete 183 days on H1B in 2009. You will be resident in 2010. So as First Year Choice, you can choose to be treated as resident for 2009 if you file joint return.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

OPT to H1B Tax filing-SS tax refund? [ 10 Answers ]

Hi, I am an Indian citizen. Arrived in US in Aug 2003, on OPT from Jan 2006 and on H1B from October 1st 2006. I started working in Feb 2006 in California. Throughout the year in 2006 Social security , medicare and disability taxes were deducted from my paycheck. Will I get a refund for these...

H1B+F1+OPT tax issues [ 1 Answers ]

I got my H1B in October but I did not get it stamped yet. My employer did not hold my social security and Medicare taxes nor I received and social security wages. How do I tackle this situation. Do I have to pay social security and medicare taxes from my own pocket (eventhough I did not receive...

About OPT-H1b tax [ 1 Answers ]

My visa status: F1: Jan 2006-Jan 2008 F1 opt: Jan 2008-Dec 2008 H1b: Dec 2008 - current My ss tax and medical tax are not exempt during the opt period. My question is which tax form I should file? And how can I get the ss tax and medical tax druing the opt back? Thanks.

F1-OPT married to US Citizen (Now H1B), Tax exempt during OPT Period? [ 5 Answers ]

Hello, I am a foreigner and just got married to US Citizen this year in August. I have tax questions to ask. Here is my situation. - Start working in Feb 08 as F1-OPT Status until Sept 08. H1B effective on Oct 1st, 2008. - I got married to US Citizen in Aug 08, I am applying for Green Card...

F1- opt-h1b Tax? [ 1 Answers ]

Hello, It is about to filling the tax form again. I am confused how to do it this time because of my VISA changing. I got my degree this May, started a job under OPT since March and changed to H1B Visa from Oct 1st. I have been in the state more than 5 years already. A few questions confuse...

View more questions Search