[shivs123]

Hello...

I came to US on H1 in June, 2007.
In the month of August, 2007 my wife joined me as my dependent on H4.

Now I need to file 1040EZ or 1040NR for Federal Tax Filing?
How to tell whether I'm in Non-resident or resident?

Appreciate your response.

Cheers
Shiva

[jinxuelong2009]

Stay in US less 2 years, belong to Non-resident.
So, that means, before 2009.1.1, you are Non-resident . After that, you will be resident of USA.

[shivs123]

Hello there...

I could get some info from IRS site. Here it goes...

According to the below 'substantial presence test: I fall under 'Resident' category!

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For al the resident/non-resident aliens:

Substantial Presence Test
You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

a) All the days you were present in the current year, and

b) ⅓ of the days you were present in the first year before the current year, and

c) ⅙ of the days you were present in the second year before the current year.

For more info...
Publication 519 (2006), U.S. Tax Guide for Aliens

cheers