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I am an Indian Citizen who entered US along with my spouse for the first time on 30 March 2007 on H1-B Visa. Since then, I have not changed my visa status to any other visa and I have not travelled outside US. My spouse is on H4 visa.

I have the following questions:

1. Am I dual status individual? (See below for number of days physically present in US)
Number of Days in US since March 2007:
-------------------------------------------------
March 07 to Dec 07 - 277 Days
Jan 08 to Feb 08 - 36 Days

2. Which forms do I have to use to file my tax return for 2007? Do I need to file as Single or Married filing Jointly or any other type? What is best in terms of return?

3. As I would also be applying for ITIN, what option do I mark under "Reason for Applying" in form W-7?

Awaiting a reply! Please help.

Thanks in advance!

[MukatA]

You can file resident tax return as Married Filing Jointly.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. On W7 select spouse of resident.
You can also deduct moving expenses. Use form 3903.
Mukat A