[H4] Does my husband need file taxes without income

[HeavyRiver]

My visa changed from F1 to H1b on Oct 1st last year (2021) and my husband came to the US with me with H4 visa.  And He has no job and no any income, should he file taxes for 2021 year?

I asked agents from Sprintax saying he does not need to file a tax return if he had no income during the year. I am not sure and could someone help?

Thanks in advance.

[LoganathanB]

Yes, You can file a joint return even though your husband does not have any income.

F1 to H1B.

[HeavyRiver]

Thanks. 

But I have a question about the joint return because I am classified as Non-Resident for the 2021 tax year unless I make the first-year choice. 

And as a nonresident alien, I think I just cannot file a joint return on Form 1040-NR. So under this situation, my husband doesn't have to file taxes because he has no income and I file taxes separately. Am I correct? 

Thank you for your kind reply.

[ErnieS0 · Accepted solution]

You are correct. You cannot file a joint return unless you make the first-year choice. Form 1040-NR does not have the option to file joint.

If your husband does not have any US income, then he does not have to file a tax return. You can file married filing separate on a nonresident return.