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    Gayane's Avatar
    Gayane Posts: 15, Reputation: 1
    New Member
    		  
    #1

    Jan 26, 2010, 10:15 AM
    Form J to H1, NR or R?
    Hi tax experts.

    Please answer to my 2 questions.

    1. I am on J1 visa starting from April 2009. I had J2 visa for 2007 and 2008 but didn't work or had income.
    Am I NR or R for 2009?

    2. My husband is on H1B visa starting from Oct 2009. He had J1 visa (Trainee) and was NR for 2007 and 2008.

    He was an exempt individual for 2007 & 2008. According to the below statement he isn't exempt starting Jan1, 2009 (I think so). Can he count days from Jan 1, 2009 for SPT? Or is he NR or R for 2009?

    ****
    When a Teacher or Trainee is Not Exempt

    You will not be an exempt individual as a teacher or trainee if you were exempt as a teacher, trainee, or student for any part of 2 of the 6 preceding calendar years.
    **************

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

    Feb 8, 2010, 03:41 PM
    You are a non-resident alien for 2009, but you can file jointly with your husband and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your husband).

    Even though you are filing jointly, you STILL retain your exemption from FICA (Social Security and Medicare) taxes for at least two years.
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