Hi @KarenJ2,
I am in an almost identical situation and noticed you assumed the spouse can make the choice to be treated as a resident alien (first year choice) even though her change of status from F2 to H4 is still being processed. Should not both spouses meet the the test for first year choice?
For example: If my status changes from F1 to H1B on October 1st, 2021 and my spouse status changes from F2 to H4 on December 20, 2021 (H4 change of status takes more time). Can we still use the rules for "First-Year Choice" and "Choosing Resident Status for Dual Status Aliens" to file our taxes jointly and be treated as tax residents for the entire year after meeting SPT in 2022?
Thanks!
