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    santoshd's Avatar
    santoshd Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 5, 2008, 01:05 PM
    Which 1040 should I use(me on h1, My wife on h4)
    Hi,

    I have come to US on Oct 22nd 2007 on a H1b visa. Before coming to US I was employed in India for almost 7 years and I have never been to US before.
    I am employed in US since Oct 22nd 2007 and have a SSN

    My wife joined me from India on H4 on nov 19th 2007. She doesn't have ssn or itin

    I plan to stay in US for at least 3 years.

    I don't meet either green card test or substantial presence test.

    Now, what should be my filing status and which form should I be filling..
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 18, 2008, 12:40 PM
    You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife)..

    The downside is that:

    • you must WAIT to meet the Substantial Test before you can file, which means you must wait until about 13 June 2008.
    • you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

    Even with the downside, this is probably the best way for you to file.

    David Kempe
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