I came to US on L1 VISA on July 10 2009 along with my wife and kid. It is becoming 175 days by Dec 31 2009. With this my case is failing the substantial presence test. And went into non-resident alien. It is shy of 8 days to 183 days. Can I choose the first year choice and file the tax returns. This will make me qualify for standard deduction and child care benefit. Please suggest.