I have an H1B visa and s tarted work since 2/1/10in US. I live in Canada & commute to work. I have a husband and four children that all live in Canada. What form do I need to file? 1040NR? Can I claim my husband and children as dependents? Do I need to include their income in the US return that I am filing? Thanks!

You have a choice:

1) you can file by yourself and file dual-status.

OR

2) you can file jointly with your husband, with you both CHOOSING to be treated as residents for all of 2010, and claim your four children as dependents. You MUST both claim all world-wide income, but you can offset the double taxation by your husband filing Form 2555 to claim the Earned Income Exclusion, or by filing Form 1116 to claim the Foreign Tax Credit, or a combination of both.

I have filed multiple returns like yours. If you need professional help filing your return, email me at [email protected].