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    prodig999's Avatar
    prodig999 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 7, 2005, 09:39 PM
    1040 query.. Wife on H1B but no income...
    Hi,

    I have been working on H1B and got married in Jan2004. My wife joined me in H4 and she got her H1B in October 2004. But due to health reasons she was not able to work till December 2004. Now, I plan to file 1040 jointly. My question is :
    1. Can I file showing her as dependent because she has no income although she is on H1b? Or is there any other form I need to file the return.

    Please let me know and your help shall be highly appreciated. Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 8, 2005, 06:00 AM
    Prodig999:

    If you have been H-1B for all of 2004, you should file as a resident alien. File Form 1040/1040A/1040EZ. You should file jointly with your wife. Make sure she has a Individual Tax Identification Number or a Social Security Number.

    Claiming her as a dependent is an option only if you file as a nonresident alien, which, based on the information you provided, is not permitted in your case.
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