Newly transitioned F1 to H1B and F2 to H4

Hi All,

 

I have been in the US since Aug 2019 on an F1 visa. I got married in Jan 2022 and my wife accompanied me to the US on an F2 visa in Jan 2022.

Then we transitioned to H1B and H4 on October 2022 and we entered the US in Dec 2022 as H1&H4. (We went back to India from the US between Oct-Dec 2022 to get our visa stamping).

There's no gap in between (just vacation visits to India for a month or two while being on a valid visa)

I had a few questions:

  • Do I qualify as a resident alien for tax purposes? Sprintax says you need to file 1040NR though.
  • As my wife is on H4, so she has no income here. Does she need to apply for ITIN and subsequently file for taxes jointly? Sprintax doesn't let me file jointly.

Thanks in advance !!