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    hyloran's Avatar
    hyloran Posts: 2, Reputation: 1
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    #1

    Mar 19, 2007, 08:35 AM
    H1-B to F-1 with spouse on H1-B
    Hello,

    I was wondering if anyone could help me with a question I have regarding my tax status.

    1) My spouse and I are both Canadian citizens.
    2) From October 2000 until July 2005, I wa working on an H1-B visa and filed the appropriate tax forms (joint 1040EZ)
    3) Since Aug 2005 I have quit my H1-B job and have started my graduate degree on a F-1 student visa.
    4) Also since Aug 2005, my spouse has been working on a H1-B visa.
    5) My spouse's company has applied for a green card for my spouse and I am subsequently a dependent on that application.

    My questions are:
    What is my residency status re: tax purposes?
    Can I continue to claim to be a resident for tax purposes and file a joint 1040EZ?
    Do I have to file Form 8843 if a file 1040EZ?
    One of the questions on Form 8843 aks "did you take any affirmative steps to become a lawful permanent resident". How do I answer this question considering that the green card application is not in my name?


    Thanks!
    Hyloran
    hyloran's Avatar
    hyloran Posts: 2, Reputation: 1
    New Member
    		  
    #2

    Mar 20, 2007, 05:42 AM
    Quote Originally Posted by hyloran
    Hello,

    I was wondering if anyone could help me with a question I have regarding my tax status.

    1) My spouse and I are both Canadian citizens.
    2) From October 2000 until July 2005, I wa working on an H1-B visa and filed the appropriate tax forms (joint 1040EZ)
    3) Since Aug 2005 I have quit my H1-B job and have started my graduate degree on a F-1 student visa.
    4) Also since Aug 2005, my spouse has been working on a H1-B visa.
    5) My spouse's company has applied for a green card for my spouse and I am subsequently a dependent on that application.

    My questions are:
    What is my residency status re: tax purposes?
    Can I continue to claim to be a resident for tax purposes and file a joint 1040EZ?
    Do I have to file Form 8843 if a file 1040EZ?
    One of the questions on Form 8843 aks "did you take any affirmative steps to become a lawful permanent resident". How do I answer this question considering that the green card application is not in my name?


    Thanks !!
    Hyloran
    I was wondering if anyone could help me out on this?

    Cheers!
    Hyloran
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Mar 22, 2007, 09:20 AM
    Hyloran:

    Patience! It IS tax season, after all!

    Yes, you can continue to file as a resident alien.

    If you file as a reisdent alien, you need NOT file Form 8843.

    The last question is moot because you are NOT filing the Form 8843.
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