I was on F1 visa (OPT) from Jan to sept. 2008 and on H1B visa from oct 2008 onwards. I am married and my wife is on H4 visa now (not working)earlier she was on F2. Me and my wife are from India.
Which form do we need to fill for tax purposes?
Should we ( me and my wife) file tax return separately or jointly?
Whether I can clain my wife as my dependent?
Can I still use standard deductions under indian treaty?

Thanks
SSSA

You have two choices
1. Both of you file separate returns as nonresidents.
2. File joint return as residents. Wait to file return till you complete SPT in 2009. You will get standard deduction of $10,900 and exemptions for both of you. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)