rajmilton
New Member

Can I choose to be a Resident Alien for the entire 2016 per First Year Choice?

Given that,

- I and my wife are from India, and have moved to the US on Nov 1, 2016 (on H-1B & H-4 respectively), and are residing in the US till date,

- My wife is a dependent (non-working in US),

- And, I am being considered as a "resident" in India for the purposes of filing tax returns, and I'm leveraging India-US Tax Treaty to avoid Double Taxation in India,

I have the following questions --

1. Can we opt for the "First Year" choice and consider ourselves as Resident Aliens for the entire 2016?

2. Can I claim exemptions for my India income earned during Jan-Oct 2016, based on the provision of "330-days' presence in foreign country, given that I'm also opting for the first-year choice of considering ourselves as Resident Aliens for the entire 2016?

3. If 1 & 2 are not possible, what particular choice should I make for the 2016 returns, to be able to file as resident aliens for the entire 2017 at least?