I am working in US on H1B visa from May 2009 till date. My dependants (Wife and baby) came to US on H4 visa in Nov 2009.

1) Am I considered as resident for tax filing?

2) Is it possible to file return using "Married Filing Jointly" option with application for ITIN?

3) Which form I should use for tax return?

1. No, if you do not file joint return.
2. Yes, you can file joint return as residents and claim your baby as dependent. Attach W-7 for spouse and baby with your tax return.
3. Form 1040. H1-B tax filing: Your U.S. Tax Return: The U.S. Visas