Hi,

I have a question about making the first year choice for H1B.

My wife and I came to the US from India on 7th July 2011 (I am on H1 and she is on H4), so we are non-resident for tax. I filed 1040NR-EZ and got my refund. Can I amend this by having the First Year Choice to be treated as resident and file jointly with my wife? If yes, which form should I be filling? My child also came with us, so can I claim any credit for her?

Thanks and regards,
Jignesh

I have already emailed you my response, but I will post part of that answer here for the reading public:

Yes, you can and SHOULD amend your return and file jointly with your wife.

It will almost certainly lower your tax bill and get you another refund, because, even though you must claim your Indian income from 2011 on the return, the combination of the LOWER JOINT tax rates, the $1,000 Child Tax Credit, and the Foreign Tax Credit (Form 1116) will more than offset any added tax on the Indian income.

You WILL need to submit Forms W-7 to get Individual Tax Identification Numbers (ITINs) for your wife and your child.