[nimbupani]

Here is my case:

I was in US on B1 visa (alone) : 24th Feb'2008 to 14th May'2008 = 79 days
and them on L1B visa(with wife) : 12th Oct'08 till the end of the year = 81 days

My wife applied for EAD and then SSN so now we have her SSN (in Mar 2009)also

Now which form should I fill and get maximum refund:

Can I claim her dependent or file jointly:

Do I need to apply for ITIN for 2008 or having SSN now will do:

am I eligible for rebate:

can I get my social security & medicare tax which was witholded from my salary:

Is there any online software who can help me in filling this

I found this website very late :mad: tax filling date is 20 days from now.

[MukatA]

You can file resident tax return as Married Filing Jointly.

You will have to wait to file your tax return till you meet the Substantial Presence Test in 2009.

You will get standard deduction of $10,900 and exemptions for both of you

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 L1 tax filing: Your U.S. Tax Return: The U.S. Visas

Compute your tax based on joint return as residnets. If any tax is due pay before April 15, 2009 and also file Form 4868 for extension.

[nimbupani]

You can file resident tax return as Married Filing Jointly.

You will have to wait to file your tax return till you meet the Substantial Presence Test in 2009.

You will get standard deduction of $10,900 and exemptions for both of you

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 L1 tax filing: Your U.S. Tax Return: The U.S. Visas

Compute your tax based on joint return as residnets. If any tax is due pay before April 15, 2009 and also file Form 4868 for extension.

Thanks Mukta.

Appreciate quick & current response
1 query, do I need to file ITIN for my wife as she has SSN now

[nimbupani]

You can file resident tax return as Married Filing Jointly.

You will have to wait to file your tax return till you meet the Substantial Presence Test in 2009.

You will get standard deduction of $10,900 and exemptions for both of you

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 L1 tax filing: Your U.S. Tax Return: The U.S. Visas

Compute your tax based on joint return as residnets. If any tax is due pay before April 15, 2009 and also file Form 4868 for extension.

Also Mukta, I have more questions now

If I declare my & my wife's indian salary for 2008 here in from 1040, do I need to pay tax on that and what rate will be applicable as I do not have any W2 for it.

[IntlTax]

No, you should not get an ITIN for your wife. Use her social security number.

Yes, you need to include your wife's Indian salary if you file jointly. The amount of U.S. tax will depend on the joint worldwide income of both you and your wife. If she paid income taxes in India on the Indian salary, she can claim foreign tax credits. She also may be able to claim the foreign earned income exclusion.