Ask Experts Questions for FREE Help !
Ask
    newbie2008tax's Avatar
    newbie2008tax Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 13, 2008, 03:14 PM
    F-1 to H-1; Spouse on H-4; Resident Alien or Not
    Hi,

    I was on F-1 visa from 2002 to 2006 and on F-1 OPT till Oct 2007. I moved to H1B on 2nd Oct 2007. My wife has been on F-2 (when I was on F-1) and has moved to H4 with change in my status. She has an ITIN (not a SSN).

    Based on Substantial Presence Test, I am required to file 1040 as Resident Alien. This takes into account the fact that I have been on F-1 for more than 5 years. Is this Correct?

    If I am filing as "Married filing Jointly", I am not eligible for 2008 Rebate as my wife does not have SSN. Does "Married filing Separately" makes more sense?

    Thanks!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 14, 2008, 05:00 AM
    On F1/OPT you are exempt from residency for 5-years. You will file resident return in 2007. Even if you file a separate return, you need ITIN of your wife. Without ITIN, IRS will not process your return.

    Yes, you will not get stimulus tax rebate. For more info, read Your U.S. Tax Return: Are You Eligible for 2008 Stimulus Tax Rebate Payment?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

,residential status &spouse exemption for non resident alien [ 1 Answers ]

Hii My husband came to us in aug 2004 in F1 visa ,from oct 2006 to oct 2007 he was in OPT status .in oct 2007 he got his H1. From what I understood is he has to file 1040 NR since he doesnot satify SPT 183 days test is that right ? In case we are filing 1040 NR can he claim spouse...

1040NR or 1040EZ and can I (non-resident alien) claim spouse as dependent [ 4 Answers ]

Hi, Need your help in finding the right form to use. I am working for an Indian company and was deputed to our client site at US for work assignment. Me on H1 visa and my wife on H4 visa were there at US from Nov 2006 till mid Feb 2007. We both returned back to work from our India office and...

H1(Resident Alien) with spouse(h4) [ 2 Answers ]

Hi, I am a resident alien for tax purposes and I got married in India last year(2006). But my wife joint my in jan, 2007. 1) Can I still file tax jointly considering my wife as a spouse of resident alien. 2)I also need W-7 form to get an ITIN for my wife. If I can not file jointly Can I...

Spouse of resident alien [ 3 Answers ]

I have an L1 visa and have been resident in the US since 1st Jan 2006. I am married and my wife accompanied me on L2 visa, and is also resident with me since 1st Jan 2006. While I work in the US and have an SSN, my wife does not work (and is also not eligible for SSN), and also has no income. She...

View more questions Search