[shashankmalik83]

I came to US on December 25th 2009 as an F1 student in Syracuse University, NY from India. I was on Student visa (F1) and OPT which is also part on F1 visa till Sept 30, 2013. I changed my status to H1B starting Oct 1, 2013. I got married in 2011 and my spouse lives in US on dependent visa F2 till Sept 30 2013 and now on H4. She is also from India. Reading in various forum it seems that I can file my taxes for 2013 as a Dual status if I wait to clear Substantial Presence test in 2014. Is this right, how long should I wait and will it be advantageous. Do I need to file extension and what forms?

[AtlantaTaxExpert]

Options are:

1) File dual-status or as a non-resident and claim your wife as a dependent. The tax refund will be the same either way, but you have to wait until 1 June 2014 to file dual-status. You can file as a non-resident IMMEDIATELY.

2) File a JOINT return with your wife and also wait until 1 June 2014 to file. Tax refund will be a LOT higher. This is the best course of action in my opinion.

[AtlantaTaxExpert]

You will file Form 4868 to request an extension so you can wait until 1 June 2014 to file.