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    drbeijing's Avatar
    drbeijing Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 31, 2006, 09:41 AM
    6th Year F1, Converted to H-1B last year
    Hi ATE,

    Thank you so much for everything you have done for all of us. I really really appreciate your help and advice. You are THE man!

    My case is like that:

    I came to US on F1 in 08/2000, and had been on F1 until I got my H-1B visa on Nov. 1st last year. From last May to last Oct. I worked for the company using my CPT.

    My wife came to US on F2 in 12/2000. She changed to F1 in 06/2003 and she has been on F1 since then.

    Since we both have been in US for more than 5 years, shall we file jointly as resident alien for 2005 tax return using 1040? If not, could you please let me know which forms we shall use instead?

    Thanks again. I look forward to hearing from you soon.

    Best regards,

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

    Apr 1, 2006, 10:31 AM
    Beijing:

    Yes, your exemption from the Substantial Presence Test expites on 31 December 2004.

    For this reason, you should file as a resident alien in 2005, filing Form 1040, 1040A or 1040EZ with your wife.
    drbeijing's Avatar
    drbeijing Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 1, 2006, 10:55 AM
    Thank you so much, ATE. Have a great weekend!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 1, 2006, 10:09 PM
    Glad to help!
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