I have a few questions about filing the tax return, I am currently in New jersey:-

1) I was married and have a kid when I came to US on 16th of July, 2008 on H1 visa but my wife and kid did not joined me then. Went back for a week (feb 15 - feb 22)and brought my wife and kid (H-4 visa) with me to US in Feb, 2009. I have visited US earlier on B1 visa from 15th June, 2006 - 4th Sept., 2006.
What is my status: a Resident alien or a Non-resident alien ?

2) joint or single:
Should I file the tax return under "Married filing jointly" or "Single". In case I file Married filing jointly I do not have the ITIN for my spouse and kid.

3) Can I file the tax return if I am getting the refund, after the due date (i.e. April 15, 2009) without filling form for extension and penalty.

Thanking you

You can file as a resident alien and file jointly with you wife, but you CANNOT claim your child as a dependent because the child spent NO time in the U.S. in 2008.

Yes, you can file late with no penalties and interest if you are due a refund, even without filing the Form 4868 extension.