pk
Level 15
Level 15

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@nikeshv ,  As  I understand the situation here :

(a) you are H1-B and having met the Substantial Presence Test are considered  Resident  for Tax Purposes.  Taxed by the US on your world income.

(b) your wife is on dependent visa H-4 and thus also considered  a Resident for Tax purposes.

At this stage , you have only two valid  filing status --- 1.  Married Filing Joint ( MFJ)  or  2. Married Filing Separate ( MFS).  Head of Household  status (HoH) requires  the presence and support of a qualified child / person AND unmarried or considered unmarried          ( living away from spouse for at least the second of half of a tax year ).  MFJ is generally the most tax benign fling status for most filers.

 

If your spouse goes to school, and she changes to F-1  ( independent & student visa ), depending on facts and circumstances at the time she may or may not get exemption from counting  presence because she has already been a resident for tax purposes.  Her ITIN may be replaced by SSN but F-1 status  is not a work visa  ( although  one does get special permission to work on campus or during OPT/CPT but still must be "full time student" ).  Thus I don't see any changes to your filing status.  Don't know if I understand what you are trying to achieve.   Can you please tell more 

 

Namaste ji

 

pk

 

@Anonymous_ 

 

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