[sunilbelli]

Dear Tax expert,
I was on an OPT till Jan 1st to November 30th, 2006 and my H1B started on December 1st.
My wife has been on an H1B all of 2006. We would like to file jointly.
What forms do I use?
Can I claim any deductions for being on an OPT for 11 months in 2006?
Would it help if we file separately?

Thanks.

[AtlantaTaxExpert]

Use Form 1040, 1040A or 1040NR-EZ. You will be filing as the non-resident spouse of a resident alien (your wife).

Because you are considered a resident alien, you can claim education credits for any tuition you paid in 2006.

It MAY be more advantageous to file separately, depending on your country of origin.

[sunilbelli]

Thanks for the quick reply...
A couple of clarifications... Since I have been in US (on F-1) since 1999, I had already claimed education credits for 2004 and 2005. I did not go to school in 2006, so it does not matter anyway. As far as I know, I can claim it for only 2 years anyway. Am I right?
Do I have to file 1040 or 1040A? Can I take standard deductions for some donations I had made last year as well as moving expenses?
My country of origin is India. So would it be advantageous if I file separately?
You help is very much appreciated.

[AtlantaTaxExpert]

No, the Lifetime Learning Credit can be claimed EVERY year you go to school.

If you claim moving expenses, you MUST file Form 1040.

Donation require you itemize, which must exceed the standard deduction for it to make financial sense.