Iam on my HIB from May 2008 (prior years I was in B1)
My Spouse/Kid (H4) joined me in Sept 2008 (they in H4)

My query is
1) Iam not sure if I am a Resident Alien or Non-resindent alien?In what category me and family belong to?
The substantial test/First year choise test confuses me


2) How do I get the maximum benefit by including by spouse/Kid in my present situation?
(I understand I have to file ITIN (W7) for both of them along with my Tax return)

3) Which Form should I file for Tax (1040NR or any other form) depends on my residency status... should I file any other form along with it to get more benefit?

4) Also Initial 3 months (May-July) I paid my VA state tax (since I stayed there before coming to texas)),I know after I get my Spouse/Kid TIN,I can file state tax there seperatly.
Will I get the full refund of what I paid there (since I been there for just 75 days only .

I see many experts help here promptly,I really appreciate your help.
Thanks much

You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,900 and exemptions for both of you and the kids.

You must both declare your worldwide income for 2008. You will complete forms W7 (application for ITIN) for your spouse and children 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)

You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,900 and exemptions for both of you and the kids.

You must both declare your worldwide income for 2008. You will complete forms W7 (application for ITIN) for your spouse and children 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)

Hi MukatA,
Thanks for your very quick response.:)
So your confirmation to me as Residant Alien because I covered more than 183 Days in 2008 itself,even thou I have not been in US prior years with H1B (2006 and 2007) ?
Also even thou my spouse not been here for 180 days,they still add as resident Aliens right?

Yes, you can file the joint return immediately, since YOU have met the Substantial Presence Test. Your wife will have to sign a memo stating that she is the wife of a resident alien (you) and that she CHOOSES to be treated as a resident alien for all of 2008.