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    NIR227's Avatar
    NIR227 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 17, 2009, 03:44 PM
    Husband on H1 & Wife on OPT to H1
    Hi,

    Currently, I am on H1 and got married in 2008. My wife was on OPT from Jan 08 to Sep 08 and then changed her status to H1 from Oct 08. It will be the first tax return together :), so please help!!!

    1) Which is better / simpler - filing jointly or separately?
    2) If separately, which form should I use for my wife (1040NR - ?)
    3) We are from India - what kind of exemption will my wife get based on US-India treaty?
    4) Will it simpler to file electronically or via paper?

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

    Mar 18, 2009, 02:07 AM

    How did you file your 2007 tax returns?
    NIR227's Avatar
    NIR227 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 18, 2009, 02:25 PM

    In 2007, I filed form 1040A
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 19, 2009, 09:09 AM
    Quote Originally Posted by NIR227 View Post
    Hi,

    Currently, I am on H1 and got married in 2008. My wife was on OPT from Jan 08 to Sep 08 and then changed her status to H1 from Oct 08. It will be the first tax return together :), so please help!!!

    1) Which is better / simpler - filing jointly or separately?
    2) If separately, which form should I use for my wife (1040NR - ?)
    3) We are from India - what kind of exemption will my wife get based on US-India treaty?
    4) Will it simpler to file electronically or via paper?

    Thank you!
    1. Work out both ways and then decide.
    2. yes, nonresident tax return and you will file resident return as married filing separately.
    3. Yes, if she files nonresident tax return.
    4. You can efile. Your wife must file paper return.
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