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nilay · Jan 7, 2009, 01:01 PM

Hi,
I was on F1 visa from Aug 2004 to dec 2006, on OPT from Jan 2007 to Dec 2007. I was out of status from Jan 2008 till Oct 2008 (I went back to India during that period). I got H1B visa approved in Oct 2008 and am in the USA since then with my wife. Do I still qualify for SPT. Should I be filing as a Non-resident alien or a resident alien. Should I be filing jointly.

Help appreciated
Thanks
Nilay

MukatA · Jan 8, 2009, 02:07 AM

1. For 2008, you do not meet SPT.
2. You can choose to file joint return as residents if you wait to file your tax return till you meet SPT in 2009.
You must both report your worldwide income for 2008. If you paid any taxes in foreign country, you can claim foreign tax credit.
Read Your U.S. Tax Return: Substantial Presence Test