Hi,

I got a situation I need advice so that I can file a tax.

1) I have ONE w2 and No other source of income in US.
2) I came in US for first time by end of july-2008, and I am on H1-B visa
3) I remained in US for about 143 days in 2008 since July 2008 (I left US for 25 days in 2008 but was still on the payroll during that time)
4) My wife is on H4 and came to US in October 2008 (first time)
5) I have one daughter born in US in 2008 and a US citizen
6) my w2 income is 16877 = wages = soc sec = med care
7) fed what = 2827
8) soc sec tax = 1046
9) medicare tax = 245
10) Till July 2008, I have non-US income as well but my bank account never exceeded 10,000$ in 2008.

Q1) What would be my filing status 1) Resident Alien filing Married jointly 2) dual resident or 3) Non resident alient. IRS told me that I can file in any of these categories.

Q2) what would be the refund in each of these cases. 1) Resident Alien filing Married jointly 2) dual resident or 3) Non resident alien

Q3) If I file as non-resident alien would I be eligible for child tax credit of 1000$

Q4) If I file as non-resident alien can I get a refund of my soc sec tax & medic care tax. If yes how?

I am so much confused since as resident alient (married filing jointly), turbotax and taxAct calculated my refund
as 2827+1000+900 (where 900 is the rebate, 1000 is the child tax credit).

I went to H&R Block the clalculated my refund as 3827 (without any rebate of 900 $).

I don't know the refund in case of Non-resident alien and dual status resident.

Please guide me in this regard and give me the figures in each case so that I can decide what to do.

I would really appreciate your help.

Thanks & regards.

Choice 1: You can file non-resident tax return. You can also deduct Moving Expenses. Read: Your U.S. Tax Return: Moving Expenses

Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 4 1/2 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009.

You will get standard deduction of $10,900 and exemptions for both of you and the kid. You will also get child tax credit of $1,000 each.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. You can also deduct moving expenses. Use form 3903.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas