Hi, my husband was F1 from 2004 to 9/2008, he changed to H1-B at 10/1/2008.
Can he file the tax return for dual status (9 months for non-residence and 3 months for residence) for 2008?
I came to U.S. at 2007, now I'm holding F1 visa. If my husband can file dual status, can I file joint return with him? What's my status? 9 months for non-residence and 3 months for residence(the same as my husband) ?
I don't have any income. We are both from China.
Thank you.

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 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 (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).

You will complete forms W7 (application for ITIN) for your spouse 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)

Thank you.
Do you mean we can file jointly as residence for the entire year (publication 519 Page 10)? Or should we need to use the dual status? Thanks again.

You husband can file nonresident tax return or joint return as residents.

He can also file dual status instead of nonresident tax return if he completes SPT in 2009.

Thank you very much.