Hi,

I have come to US on Oct 22nd 2007 on a H1b visa. Before coming to US I was employed in India for almost 7 years and I have never been to US before.
I am employed in US since Oct 22nd 2007 and have a SSN

My wife joined me from India on H4 on nov 19th 2007. She doesn't have ssn or itin

I plan to stay in US for at least 3 years.

I don't meet either green card test or substantial presence test.

Now, what should be my filing status and which form should I be filling..

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife)..

The downside is that:

• you must WAIT to meet the Substantial Test before you can file, which means you must wait until about 13 June 2008.
• you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to file.

David Kempe