Hi,
Both me and my wife were in USA from 01-Jan-2010 to 12-Feb-2010 on L1 VISA after which we returned to India on 12-Feb-2010. Our total income from wages for 2010 in USA was $11,419.00
1) We didn't file any tax return for 2010. Now we have again come to USA on L1 VISA back in Sep 2011. Do we need to file tax return for 2010?

Please confirm.

Thanks,
Koushik

Yes, you must file 2010 tax return. You are nonresident in 2010. You can claim travel, lodging and meals as itemized deduction.
For 2011, you have three choices:
1. File nonresident tax return,
2. After you complete SPT in 2012, file dual status tax return, and
3, After you complete SPT in 2012 file joint return as residents. Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

Thanks MukatA. I think I need to give some more information so that you understand our SPT status.

I came to USA on 13-Jul-2008 on L1 and my spouse came on 19-Oct-2008 on L1. Both of us were in USA throughout year 2009 and left USA on 12-Feb-2010. As per your SPT link, I am a resident for 2010 but my wife is not. So for 2010, should we file as non-resident or resident? Please confirm.

For year 2011, my wife came to USA on 06-Aug-2011 on L1 along with our kid (L2 VISA). I came to USA on 22-Sep-2011. If we are planning to file as non-residents, can we avail Child Tax Credit?

Please confirm.

Thanks,
Koushik