I applied for my wife and son’s ITIN and got rejected. Let me elaborate my case.

I Came in US: Nov – 06 on F-1 Visa
Son/Wife came US : Mar-07 on F-2 Visa
My status Change:- I am on H1 from Oct-08.
Wife/Son status change:- H-4 from Oct-08.

What I sent to IRS:
I sent IRS w-7 form
1040 (As we lived in US more than 2 years)

I called IRS customer care no and he told me to mail everything back to IRS Austin but I doubt that they will repeat this again.

Questions:
1. I kept my foreign address and they sent it back saying below line that “The information you provided on Form W-7, Line -3 Applicant’s foreign address indicates that you a spouse or dependent claimed on a tax return by a primary taxpayer are a residing of India and have been granted an F-2 or J-2 or M-2 visa by USCIS so you do not qualify for an ITIN.
2. Should I go personally IRS office for this or mail back? What's better/faster
3. Will this effect my return refund as I haven’t received none (fed/State)

I see this forum helpful. And I hope some one can guide me on this as my tax cons is not able to guide me in this. (This is first time for him).

First, did you send a notarized photocopy of your wife's and child's passport? If not, that is the real reason the ITIN application was rejected.

Second, if your wife and child are with you in the U.S. put "INDIA" as your foreign address and leave the rest of the foreign address aea BLANK.

If you want professional help filing this application, contact me at [email protected]. We specialize in this type of return.

There may be several reasons for the rejection.
1. Did you file Form 1040 as married filing jointly and claimed your child as dependent?
2. Did you file it after you completed SPT in 2009?
3. Did you attach First Year Choice letter?
4. On your spouse's W7 did you check e: Spouse of U.S. citizen/resident alien?
5. On your child's W7 did you check d: Dependent of U.S. citizen/resident alien?
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)