[jerry18]

I came to the United States on Sep 21st, 2007 on H1B visa as a postdoc in a NY state. I got married in Aug, 2008, then quit my job on Sep 31st, 2008. My husband hold F1 and stay for less than 5 years of in U.S.
My questions are:
1. for H1B visa, <183 days in U.S. should be non-resident (NR); I did so for my 2007 tax filing. But how about 2008, it seems complicated:
Jan 1 st, 2008--- March 15th, 2008; H1B, should still be NR
March 16th,2008---Sep 31th, 2008; H1B, should be resident (R)
Oct 1st, 2008---Dec 16, 2008; F2 pending, NR or R?
Dec 17, 2008--- present, F2, NR or R
What is my tax status, resident or nonresident? Or dual-status?
2. What form should I submit for federal tax and NY state tax separately?
3. if I still can use 1040NR-EZ, can I choose my filing status as single NR? Or I must choose married NR
4. My income is just from my wages. I was withhold federal tax, state tax, social security tax, medicare tax. Should I be withhold for SS tax and medicare tax?
Thank you !

[MukatA]

You are resident for 2008. Your husband is nonresident. As a first year choice, you can file joint return as residents.

[jerry18]

Thank you very much for the answer!