Hello.

I am on h1b visa, currently employed by u.s. Company. I got my status in October 1, 2009. I want to know if I am considered a resident alien or non-resident alien (please advise me on this). My husband is on h4. Can I file joint return this year including my husband in my tax return? He doesn't have ssn, thus I would like to know when I should submit w-7? Now or along with our tax return? Forgot to mention that he has not earned any type of income.
Am I subject to fica and all other taxes?

Thank you beforehand for your help.

You can file jointly with your husband and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,100 joint standard deduction plus two $3,600 personal exemption (for yourself and your husband).

You will need to submit Forms W-7 to apply for an ITINs for your wife. A notarized photocopy of his passport needs to be stapled to the W-7, and both documents submitted with your 2009 tax return.

The downside is that:
• you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until 1 June 2010.
• you must declare ALL 2009 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.