I was on OPT(F1) until Sep and H1b for the rest of the year.
Which Fed form do I use? Am I in Dual-Status?
Previous years I used 1040 NR-EZ.

Are NR's eligible to use "Married filing jointly"? I suppose its for resident aliens.
Correct me if am wrong.

Thanks

Choice 1: If you did not complete 5 years of F-1, 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 2010. Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

On the joint return, you will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you and the kids (if they were present in the US for any part of 2009. Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)