Hi,

I'm on H1B travelled to US on April 2011.
My wife was on L1B visa and landed in US Feb 20011. But, her visa got denied and she went back to India by the end of year Dec 2011.
My kid has H4 visa but never travelled yet. I'm maitaining her in India and planningto get both of them on H4 visa this year.

In this case, Can I claim my Kid as my dependent?

Thanks,
Natraj

You can file joint return as residents for 2011. You must report worldwide income for the year. You can not claim your kid as the kid has never been to US. Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

ONE exception to this rule: If, during a previous work tour in the U.S. the child was born IN the United States, then, under U.S. law, the child is a U.S. citizen. In that case, the child CAN be claimed as a dependent regardless of where he is living as long as he is in custody of one of the parents on the joint return.