Hi,

I came to US on L1 -Visa in oct 08 and went back to india in dec 08 total stay was 77 days and then again came back on jan 13. Should I be filing as nonresident alien or resident alien for 2008?

You will be treated as a nonresident of the U.S. for 2008 unless you elect otherwise. There is probably no benefit to electing part year residency (dual status). Wait until 2009 and you will be a resident.