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    abhaumik1027's Avatar
    abhaumik1027 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 26, 2014, 05:17 PM
    Filing tax as resident
    Hi,
    I was in OPT(F1 visa) from 1st jan till 30th Sept 2013. My H1B started on 1st Oct.Now I am filing my tax. I have couple of questions regarding that.

    1. As per "First year residency" , can I file my taxes as a dual resident ?

    2. Again as I was on H1b at the end of the year and I am married,my wife is in H4 visa , can I file my tax as a resident for the whole year (2013) ?

    Please advise me..

    Thanks Ani
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 26, 2014, 07:07 PM
    Ani,

    You can file jointly with your wife and you both CHOOSE to be treated as resident aliens for all of 2013. You must sign a statement to this effect about such a choice.

    This allows you to file as residents, BUT you must wait until 1 June 2014 to file, because you have not yet met the Substantial Presence Test.

    If you need professional help filing your return, this IS what I do! Please email me at the address in my profile.

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