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    Rashe's Avatar
    Rashe Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 27, 2007, 06:50 AM
    F2 to H1b - Resident ?
    Hi All -
    I changed to H1b in Oct 2006, earlier I was on F2. My husband is on F1 and Non-Resident for tax purposes.

    Am I considered Dual status or Resident for 2006 ?
    In both cases can I file as Married Filing Jointly ?

    Thanku for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 2, 2007, 11:43 AM
    You are either a non-resident alien or dual-status if you file by yourself.

    You CAN file jointly with your husband and you BOTH choose to be treated as resident aliens for ALL of 2006.

    However, in doing so, your husband retains his resident alien status through 2007, so if he goes on OPT, he will be REQUIRED to pay Social Security and Medicare taxes.

    Something to consider!
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