[kulkarsn]

Hi,

I was in US 2006 on H1B since 1st May '06 to 8th May '07 along with Wife and son on H4
My earlier visits to US were as below

2002(H1b) - 92 Days
2003(H1b) - 83 Days
2004 (H1b) - 216 Days (Tax return filed as Dual status)
2005(H1b) - 0 Days
2006(H1b) - 131 Days

Question

1. Do I need to file under Dual Status or only 1040NR Form ?
2. On 1040NR can I claim my Wife and son or both as dependent.
3. I will be sending W7 along with tax return to address mentioned on W7, do I also need to send another copy of these to IRS Philadelphia ?

Thank You
Nitin

[kulkarsn]

Hi,

I was in US 2006 on H1B since 1st May '06 to 8th May '07 along with Wife and son on H4
my earlier visits to US were as below

2002(H1b) - 92 Days
2003(H1b) - 83 Days
2004 (H1b) - 216 Days (Tax return filed as Dual status)
2005(H1b) - 0 Days
2006(H1b) - 131 Days

Question

1. Do i need to file under Dual Status or only 1040NR Form ?
2. On 1040NR can i claim my Wife and son or both as dependant.
3. I will be sending W7 along with tax return to address mentioned on W7, do i also need to send another copy of these to IRS Philadelphia ?

Thank You
Nitin

Correction to above

2006(H1b) - 147 days.

More Info
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So the subtsantial presence days come to 183 days ,
But I was not resident on last day of the year 2006.

Please answer my above questions

[AtlantaTaxExpert]

You need to file dual-status; you JUST made it based on the SPT.

You can claim your wife and child if they were with you in the U.S. in 2006, but only on the Form 1040 portion of the return.