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    chikudee's Avatar
    chikudee Posts: 6, Reputation: 1
    New Member
    		  
    #1

    May 15, 2006, 07:05 PM
    Married and changed to H1B after Oct 1,2005
    Hi Atlanta Tax Expert,
    I read your Sticky Announcement Part II.

    I think I can file as a resident alien by virtue of "CHOOSING RESIDENT ALIEN STATUS" that appears on Page 9 of Pub. 519 since:
    a) I am married
    b) Both me and my wife were non-resdents at the beginning of the year (F1 & F2 respectively)
    c) We are both resident aliens at the end of the year (H1B & H4 respectively)
    d) We intend to file a joint return

    Do you agree?

    IF you agree: then my second question is since we had change of status on Oct 1, 2005, do I still have to wait for the substantial presence test to be met for 2006 or can I file right away using Form 1040? (PS- I have already filed for an extension using Form 4868)

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

    May 16, 2006, 05:19 PM
    Yes, I agree.

    Yes, you MUST wait to meet the Substantial Presence Test. The SPT is what qualifies you to be a dual-status alien, and THEN you can claim the option to be treated as a resident alien for the entire tax year.
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