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    Trishala Raj's Avatar
    Trishala Raj Posts: 93, Reputation: 1
    Junior Member
     
    #1

    Jul 8, 2019, 04:30 PM
    How to file
    Hi,

    Case 1:Was on F1 since 2016. Got opt from 04/2018. On 10/2018 started on H1b. Filed extension and have not filed return so far for 2018. I am single. What is the best way for me to file?


    Case 2: Both spouse and myself came to US in 07/2018. I was on H1b visa. Spouse needs itin. We have filed for extension . What is the best way to file?
    Had been to India for 10 days in Dec.

    Any response would be appreciated.

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #2

    Jul 8, 2019, 05:00 PM
    Case 1:

    Since you are single, you have not yet met the Substantial Presence Test, so you must file Forms 1040NR-EZ and 8843 ONE LAST TIME, with the state return.

    Case 2:

    Probably the best way to file is filing a JOINT return and claiming ALL world-wide income earned in 2018 and claim the Foreign Tax Credit using Form 1116 for the taxes paid in your home country on the income earned in that country before you came to the United States.

    You will also have to complete Form W-7 to apply for an ITIN for the non-working spouse.

    If you need help to file either way, you can contact me at kempetax@gmail.com.

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