HI
My husband came on H1B to USA in July 2007 & I came in September 2007 on H4 Visa.As it was our first year for filing taxes here, we'd been to HRBlock.Now Its time for filing 2008 return.I saw husband's 2007 return wherin HR Block people didn't file our joint return. I think they did because I didn't qualify for substantial residancy test as I came on H4 in September .But Clear my one doubt.They itemised my husband's deduction rather than going for Standard deduction. Why did she do that. Don't H1B Visa holders qualify for standard deduction in the first year of their filing taxes here in USA ? We got just $1000 deduction as Itemised in 2007.

This time I myself is doing all these filinf process & confused over claiming standard deduction & personal exemption.

In 2007 you had two choices:
1. File separate return as nonresident and
2. File joint return as residents.
Evidently, H&R Block tax preparer had no idea about the second option.

Now, you can file 2008 tax return as residents.
You can amend your 2007 tax return to file as residents. For this you should contact AtlantaTaxExpert at [email protected]