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COS- F1 to H1 . Need help with W4

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  • COS- F1 to H1 . Need help with W4

    This is my background:

    I am married with single job and non-working spouse on dependent visa and no children. These are our status details for the year 2011

    F1/F2 (OPT) - Jan 1 - Sep30
    H1/H4 - Oct 1 - Dec 31

    On W4, I need help with point 3 - It states that I can claim as single if spouse is non-resident alien.

    i) My Q is - Is she considered resident or non-resident alien for tax year 2011? because for the substantial presence test, she will be a US resident only for 182 days (Oct 1 - Dec 31). On F2 visa (until Sep30) she was considered a non-resident alien.

    ii) What is the difference in filing Single vs married ?

    Thanks
    Sanjay

  • #2
    W4 is not a big deal. It just determines how much is withheld. It is always safer err on the higher side to that slightly more tax is withheld and you get a refund when you file a return.
    I think you both will be non-resident for Federal tax purpose.
    This is my opinion and not legal advice.

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