[msr424]

Hi,

I am holding H-1B, my wife and son are holding H4. I was here in US for 2 times in 2006, June 7 days and December 14 days, my wife and son came here in December and stayed with me till last week of Jan'07. I want to file my returns for 2006. I am still working here on h-1B. My family will join me back in June'07.

Can I mention my wife and son are dependents for year 2006 and get reduction of tax?
If so what I need to do an extra along with tax filing?


Thanks in advance

[AtlantaTaxExpert]

You do not qualify to file jointly with your wife as you were NOT in the U.S. long enough to meet the Substantial Presence Test.

You need to file as a non-resident alien, filing Form 1040NR-EZ. You cannot claim either your wife or child as a dependent.

[msr424]

You do not qualify to file jointly with your wife as you were NOT in the U.S. long enough to meet the Substantial Presence Test.

You need to file as a non-resident alien, filing Form 1040NR-EZ. You cannot claim either your wife or child as a dependent.

Thank you AtlanTEx for your helpful answer to my question.

But I have another question for this year 2007.

Can I file jointly for this year 2007 since they are going to joining me in June'07 and also I am going to stay enough to pass the Sub'tl Presence Test

Thanks in advance again,

-M

[AtlantaTaxExpert]

You WILL be able to file jointly for 2007.