请教stp关于first year choice的问题。谢谢

我给IRS网站上的“专家帮助组”发了这个问题，结果1周了也没有人回答。
请stp大侠帮忙解答，谢谢：
Hello. I am a non-citizen with H1 status and I have two questions:
1. My visa status change from F1 to H1 from 12/1/2004 and I am married and I have been on H1 for 31 days in 2004, so I want know if I can file as resident married jointly for the whole 2004 year by using "first year choice" after I meet the "substantial presence test for 2005"(after 7/1/2005 by filling form 4868 now)?
2. If the answer of 1 is "yes", can we use the "education credit" when we fill the 1040? 8863 said that we can not if we "were a nonresident alien for any part of 2004 and the nonresident alien did not elect to be treated as a resident alien." I am not sure whether using "file as resident" means I can use the education credit?
Thank you very much.

所有跟帖： 

• 1. 我的理解你可以, 按PUB 519的PAGE 9/10 -stp- ♂ (137 bytes) () 03/16/2005 postreply 11:56:09