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I was on F-1 and then H-1B last year, need help filing tax for myself and my husband

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  • I was on F-1 and then H-1B last year, need help filing tax for myself and my husband

    Hi,

    in 2016 I was working under my OPT and then switched to H-1B in October. My husband also switched from F-2 to H-1B at the same time. Also, in December we had our baby. and we've been living in the US for the last 4 years.
    My questions are:
    1) Can I use 1040 form or should I still use 1040NR?
    2) Can we file married jointly since my husband has 0 income.
    3) Can I add my baby as a dependent to receive some tax credits?

    Thanks in advance, you guys are very helpful!

  • #2
    Tax return

    Originally posted by lilynarci View Post
    Hi,

    in 2016 I was working under my OPT and then switched to H-1B in October. My husband also switched from F-2 to H-1B at the same time. Also, in December we had our baby. and we've been living in the US for the last 4 years.
    My questions are:
    1) Can I use 1040 form or should I still use 1040NR?
    2) Can we file married jointly since my husband has 0 income.
    3) Can I add my baby as a dependent to receive some tax credits?

    Thanks in advance, you guys are very helpful!
    1/ You can use form 1040 because you are qualified substantial presence test for US Residence alien
    2/ Yes, you can file married jointly together, your husband is your qualified relative, as long as he can get SSN or ITIN
    3/ Yes, you can add your baby as your dependent as long as he/she has SSN

    Most of the credit have a trickly condition and limited, please make sure you understand them all.
    But, tax is not so easy, I know many people they are file the tax for themselves and missed pretty much return because the less knowledge about tax.

    Good luck.
    Annie

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