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    Abar's Avatar
    Abar Posts: 9, Reputation: 2
    New Member
    		  
    #1

    Feb 10, 2008, 09:24 PM
    H1B Visa-SPT-need info in tax filing
    Hi
    I landed on Oct 2007 in H1B and trying to file my tax return. I got lots of information from your forum but still I have a question.

    As per the information I have to file as non-resident alien(1040NR) or dual resident. But, if I apply for an extension to file my tax return (4868) and file my tax return on late June(I will be a resident alian as I shall meet SPT -183 days criteria), can I file as a resident alien.

    Could you please send your suggestion.

    Thanks
    -Abar
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 24, 2008, 11:25 PM
    No, your choices arefile as a non-resident alien NOW or wait until June 2008 to file as a dual-status alien.

    You can only file as a resident alien if you file jointly with your wife.

    Recommend you file as a non-resident alien, because filing as a dual-status offers no advantes tax-wise.
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