[hahaxiao]

I came to the US on F1 visa in Aug 2002. I kept my F1 status until Sep. 30, 2007. On Oct 1, 2007, I changed to H1B visa. My wife came to the US in Aug 2004 on F1 visa and keeps F1 visa to now.

My question is:

1. Can we file 1040 jointly for 2007?
2. If yes to 1, can I claim the US-China treaty for my income on F1 in 2007?
3. If yes to 1, can each of us claim the $600 rebate for 2007?
4. If yes to 1, is my wife's tuition deductible, besides the standard deduction?
5. If no to 1, what is the reason and when can we file jointly as resident alien?

Thanks a lot.

[AtlantaTaxExpert]

1) Yes.

2) Yes.

3) Probably, but you do not claim the rebate. It is automatically issued by the IRS.

4) Yes.

5) N/A.