Can I file form 1040 to claim std deduction? Changed from F1 to H1B on 10/01/19. F-1 from 2015 and exempt until 2019. I got married with a NR alien in 2019.

[cmonasterio89]

2015: F-1 no income
2016: F-1 form 1040NR (exempt individual)
2017: F-1 form 1040NR (exempt individual)
2018: F-1 form 1040NR (exempt individual)
2019: F-1 until 09/30/19 then H1-B from 01/10/19. Got married on 12/28/19 with NR alien out of US)
Since I don't meet the substancial test for 2019 yet (90 days as H1-B, October to December), is there any exception to be treated as Resident Alien to claim Standard deduction filing married jointly?

[KurtL1]

No, there is no exception and therefore you are unable to file as a Resident Alien in 2019. On the F-1 Visa you were exempt from counting days toward the Substantial Presence Test for any part or five calendar years (2015 - 2019). You were not able to start counting the days until you received the H1B Visa on 10/01/19. You will need to file a Form 1040-NR again in 2019.

In 2020, if your stay in the U.S., you will be able to file as a Resident Alien and file a Form 1040 through TurboTax. You will be able to attach a statement with your return electing to treat your wife as a Resident Alien for tax purposes.