Hi all,

I'am from India and I had worked in the US in the year 2008 on H1B status from February 9 2008 to May 17 2008 and then had returned back to India. Then I have come to the US again this year on 21 October 2008 and work on H1B status till date, but in a different state than the previous time. This time my wife has accompanied me and she is on H4 status. So should I apply for ITIN for her at this time? Also could any one suggest me as to what form I must fill and submit and any pointers to the same.

Thanks in advance,
Sid.

Choice 1: If you did not complete SPT in 2008, you can file non-resident tax return.

Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)