Hi,

I came to US on Oct'4th and started working from CT and moved to CA in the end of Nov'08. My family joined me on Dec 29th. I have received two W2 forms from my employer, I came on H1B and my family with H4 (wife+two kids). I would need to file my return jointly. I am looking for few clarifications.

1. Which form should I use to file the tax 1040 or 1040NR?
2. I got to know that if I file 4868 before April 15 I can file my retun somewhere in May end with resident status, is this a better option?
3. I have to get full refund (two states and federal) whatever I paid so will it fine to file jointly?
4. When should I file W-7 for my family to claim the joint status?
5. Should I file 1040NR along with W-7 now or file 4868 and wait till may to file the return as resident along with W-7?
6. Will I get my state refund if I file my return late? (means to say after getting ITIN for my family)

If not all answers, please advice me the best way of filing my return jointly for the year 2008.

Thank you

Pradeep

You have two choices
Choice 1: If you did not complete SPT in 2008, 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 in 2009.
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. 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).
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)