[nightorc]

Dear Sir/Madam,

I have a few questions regarding the tax return next year. I am a Chinese citizen on F1-OPT now. My wife is a green card holder. From March 2010, I have started to work and by Oct 1st, I will be holding H1B visa hopefully. So my questions are:

1. By the end of the year, do I file as a NRA or RA? Since the days of H1B is only 3 months, it fails the substantial presence test.

2. Could I file jointly with my wife this year?

3. Could I get the 5000 tax treaty between US and China?

Thank you very much and have a nice day.

James

[MukatA]

1. Nonresident
2. No you can not file 2009 tax return jointly. You can file 2010 return jointly.
3. Yes

[nightorc]

Thanks for your prompt reply, MukatA. For the 2nd question, maybe I wasn't clear on the question. For 2009, since I am on F1 the whole time, so regardless of my marital status, I had to file as single NRA. However, for this year 2010, I will be with H1B for three months. Could I still file jointly for 2010 return?

[AtlantaTaxExpert]

Yes, you WILL be able to file jointly with your wife for 2010, but you must wait until 1 June 2011 before filing to meet the Substantial Presence Test.