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    EstPA's Avatar
    EstPA Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 25, 2008, 06:57 AM
    W2 and 1042S filling status?
    Hi,
    We are French citizen in the US since July 05 (married ). Both under J1 until May 07 when I switch to H1B...

    We received both W2 and 1042S for 2007 what should we file ? Resident or non-resident alien? On our payroll it's state Resident alien...

    Could we fill a 1040NR as a join return ?
    Thanks for your help!
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #2

    Feb 26, 2008, 08:10 PM
    You will be dual status for 2007 unless you both elect to be treated as U.S. residents for the entire year. You cannot file jointly as dual status. You are probably better off electing to be treated as residents for the entire year and filing jointly.
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