I'm in the US on F-1 since September 30 2016. My spouse entered US in Aug 2016 on B1/B2 with my 3 children. On Dec 2016, I changed them B1/B2 to F-2. As per rules they cannot work on that. During all period from Oct 10 2017-Dec 09 2019 I worked on CPT and then OPT.
On Dec 10, 2019 I was approved for H1B
Though all my income showing on W2 based on F1 rules, I requested a change from my employer and they are making new amended W2.
Recently I approached by some tax company and all of them recommended me of first year choice.
I am from Pakistan and wanted to know under any condition if I am eligible for this, if so can I use Turbo tax and will they help me preparing all these?
I do not meet the green card test or substantial presence test for 2019. Hence if I were to file 1040NR, I see the following disadvantages:
- cannot file jointly
- cannot claim spouse as exemption
- cannot claim children (1 child is US born in 2014)
But I recently read about First-Year Choice (Pub. 519) and I think both of us may qualify to elect as dual-status aliens, and elect to be treated as resident-aliens for entire year of 2017. This is how:
- We were present for at least 31 days in a row in 2017 (October 1st 2017 till Dec 31st 2017)
- We were present for more than 75% of the remaining period (Oct 1 - Dec 31 2017)
- And we may qualify for Substantial Presence Test in 2018 (may not be by April deadline)
- I have all depended SSN (as recently also approve for I-140)
