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    ravi82's Avatar
    ravi82 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 29, 2010, 01:02 PM
    f1 to h1b tax status
    I was on OPT(F1) until Sep and H1b for the rest of the year.
    Which Fed form do I use? Am I in Dual-Status?
    Previous years I used 1040 NR-EZ.

    Are NR's eligible to use "Married filing jointly"? I suppose its for resident aliens.
    Correct me if am wrong.

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 30, 2010, 02:27 AM

    Choice 1: If you did not complete 5 years of F-1, you can file non-resident tax return.

    Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2010. Your U.S. Tax Return: Substantial Presence Test

    On the joint return, you will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you and the kids (if they were present in the US for any part of 2009. Your U.S. Tax Return: The U.S. Visas
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