[ap7ul]

Hi

I'm a citizen of India.

Was on OPT until Sept 2006 and have been on H1B since.

I believe I have to file 1040 NR for 2006? Correct since I do not meet the substantial presence

I got married in dec 2006. Should I use 1040 NR married filing jointly? My wife is on H4

Social security and medicare have been withheld for the entire year of 2006. For what period of 2006 can I claim it back and how?

Also, I relocated in jan 06. How much can I claim for moving expenses?

Thanks in advance for your response

-ap

[AtlantaTaxExpert]

AP:

You CAN file Form 1040NR or 1040NR-EZ.

However, because you are married, you have the option of filing jointly with your wife and choosing to be treated as a resident alien for ALL of 2006. If you do this, you CANNOT claim the refund for Social security and Medicare for your OPT period only. Further, if your wife had any world-wide income in 2006, it must be claimed on the return.

Regardless of how you file, you CAN claim moving expenses incurred in January 2006.