[Preguntona]

Hello,
I have two questions for the tax expert...
First question: I hold an H1-B visa since October 2007 ( I am in the process of getting my green card)and I stayed for most of 2008 in the U.S. Thus, I am pretty sure that I meet the presence test and I can file as an U.S. resident. However, I am single and I rent so when I compare the 1040 and the 1040NR forms, I see that it is better for me to file the 1040NR because I have around $3,800 in itemized deductions and a personal exemption of $3,500 for a total of $7,300 versus an standard deduction of $5,450 if I use the 1040 form. My question is... Can I choose to file the 1040NR? Or I must file 1040?
Second question: I read publication 5450 about the first time homebuyer credit... The rules say clearly that if you are a nonresident alien, you cannot claim it. My question is... I hold an H1B visa and I am in the process of getting a green card. If I file 1040 for tax purposes, do I have the right to claim this credit if I decide to buy a house by May this year? THANKSSS!!

[MukatA]

For 2008, you must file resident tax return. You will get recovery rebate and first time homebuyer credit if you meet the requirements.
Your U.S. Tax Return: First-Time Homebuyer Credit

[The Texas Tax Expert]

Actually if you stayed for "most" of 2008, you might actually be a dual status alien. We can't ascertain that without more information.

[MukatA]

Since you started H1-B in 2007, you will file resident return in 2008.

[AtlantaTaxExpert]

No, TTE has it right; we need a specific timeline for how long he was in the U.S. to determine if filing as a dual-status alien is the correct way to file.