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    12MIKE's Avatar
    12MIKE Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 4, 2007, 06:54 PM
    F1-OPT-H1B , Still in Confusion on 1040 or 1040NR
    Hi ATE,

    Thank you so much for your valuable time and suggestions.

    Regarding tax file for 2006, I called to IRS and they told me that I have to file 1040NR, and I can't use form 1040 for 2006 but I can use 1040 from 2007 and onwards. Since my
    H1B has started only from October 1, 2006, so its less than 183 days.

    All of my family (wife and two kids) are resident of Nepal. Still I am in confusion that can I file 1040 jointly with my wife ? (I want to use form 1040 though instead of 1040NR). I am waiting for your suggestions again.

    Thanks again.

    12MIKE
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2007, 11:22 AM
    Mike:

    Your wife's physical location is irrelevant. You CAN file jointly with her and you BOTH choose to be treated as resident aliens for ALL of 2006. Further, the resident alien choice also applies to your children, so you will be able to claim them as dependent as well.

    Email me at the address below if you want my help in this process.
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