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

    Feb 1, 2010, 11:21 AM
    Married Filing Jointly - H1 and H4
    I am working in US on H1B visa from May 2009 till date. My dependants (Wife and baby) came to US on H4 visa in Nov 2009.

    1) Am I considered as resident for tax filing?

    2) Is it possible to file return using "Married Filing Jointly" option with application for ITIN?

    3) Which form I should use for tax return?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 2, 2010, 12:28 AM

    1. No, if you do not file joint return.
    2. Yes, you can file joint return as residents and claim your baby as dependent. Attach W-7 for spouse and baby with your tax return.
    3. Form 1040. H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

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