problem with tax filing for H1b holder?


I entered USA in 2007 with my husband in H4 Visa ,we filed tax returns in 2007 and got my ITIN , Now i got my H1b in 2008 oct and got my SSN,But dint started working yet due to some personal problems and we have a son who is 8 months old . when we file a JOINT TAX RETURNS for year 2008 will there be any problem, should I ask my employer to run some Pay stubs to get a W2.

Can't I use my ITIN, up to oct 2008 ... I am so confused .... If we files individually can we get any refund.. or will be a possibility that we have to pay IRS an extra amount , because this status is married .

Pls help me.

2 Answers

  • 1 decade ago
    Favorite Answer

    Use your SSN and file jointly. There is no law that says you both have to have an income to file jointly. Since you have an SSN now, there is no reason to use your ITIN. The USCIS will not ask you why and how you got your SSN.

    As for the H1B question, that's a separate issue.If you have an H1B (and an 'employer') but are not working then there can be questions about your status regardless of how you file your taxes. The INS may at some point ask for your pay stubs to prove that you have been in status (especially if your ever go for visa stamping). You'll have to think about how you are going to get those stubs.

  • Anonymous
    1 decade ago

    It's very simple. Once you have an SSN, you switch to it. The ITIN is "history" at that point. No biggie.

    In fact you really, really want to use the SSN when you file. If the two of you have SSNs, you are potentially eligible for the rebate. If you accidentally file with the ITIN (and it would go through!), the IRS will refuse to issue the rebate. And, yes, you WANT to file Married Filing jointly. The tax bill would be higher, not lower, if your husband field married filing separately.

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