I'm working in USA since 2006 on L1 visa, Recently my L1 is converted to H1. I have family wife and two kids. They all are in L2 visa. Right now my wife and kids travelled to India on March 20th and returning on July 20th.

One of my child is going to stay back in India for the rest of the year. Can I claim her as a depend child for my 2009 tax returns ?

Thanks in Advance.

Yes, you can claim the child as a dependent on your 2009 tax return because she spent at least part of the year in the U.S. in 2009.