[rahul2000]

Hello,

I am in H1-B visa (exempt) in a University. We are in USA from July 2007. My wife is in H4 visa and got a job in University, which is a H1-B in exempt category. How can she take the job without any SSN or ITIN.
Also she is completing 183 days in USA on 23 Jan 2008, and I am filing my tax return by early March 2008 . Is that correct or she has to complete 183 days before 31 Dec 2007.

Any one have answer for my questions.

Thanks,
Rahul

[ellensimich]

Hi guys,

1) If she has a H4 visa - as far as I understand, she can't work at all! I have the same and I know I can't work under any circumstances.

2) For your tax return, you may file jointly. In IRS Publication 519 (2006), U.S. Tax Guide for Aliens (http://www.irs.gov/publications/p519/ch01.html), there is a simple test you can use to decide if you are nonresident or resident alien - http://www.irs.gov/publications/p519/15023t02.html

I hope this helps.
Ellen

Disclaimer: I’m not a Law nor Tax official, have no formal education nor experience in this filed. I’m solely stating my experience and opinion and can’t be held responsible for their application.