Tax filing - H1B visa

[swathi.j]

Hello,

I am on H1-B visa since June 2014. I had filed a wrong tax form earlier when I was on F-1(1040 instead of 1040NR), so I do not want to make the same mistake again.

1. Can I file 1040 since I am in the country for 30 days on H1-B? Meaning, will I be considered as a resident for tax purposes?
2. My husband is still a student on F-1, can I file joint returns?
3. If he gets 1098-T, can I get tuition refund on that?

Thanks!

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[lisaanderson]

Hello,

I am on H1-B visa since June 2014. I had filed a wrong tax form earlier when I was on F-1(1040 instead of 1040NR), so I do not want to make the same mistake again.

1. Can I file 1040 since I am in the country for 30 days on H1-B? Meaning, will I be considered as a resident for tax purposes?
2. My husband is still a student on F-1, can I file joint returns?
3. If he gets 1098-T, can I get tuition refund on that?

Thanks!

You should go see a tax accountant to make sure you file correctly this time. You should file Form 1040, and you and your husband can file jointly.

[DesiOPT-FaceBook-Admin]

Your message was posted as anonymous on Facebook wall- (Jan 14th)

[DesiOPT-FaceBook-Fan]

Yes, yes and yes..

[Sandr]

Go see a tax accountant as you quite rightly realize you don't want to get this wrong again. Filing the wrong tax form gets you into trouble if you do so repeatedly. To answer the first question, I believe yes. Here is some information I found about being resident for tax purposes on various visas http://www.happyschools.com/f1-opt-h...esident-alien/