Hi,

Me and my wife and two kids were here since Dec. 2006, started with J visa, changed to F and now it's about 10 months that I am on H1 and my wife and the kids are on H4. Based on the tax rules :

1. Do all of us are " Resident Alien"?
2. Do we need to fill the W4 form or should I fill W4 and my wife should fill 1040?
3. Should I apply for my wife's ITIN the same time I apply for tax return or should I do it first and then send the tax return?

Best

If you have completed SPT on H1-B in 2008, you can file joint return as residents. You will attach W7s (ITIN applications) with your tax return. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas