[mathman08]

I am H1B. In a tax year -

I spend 4 months in India.
H4 wife spends 7 months in India.
H4 kid spends 7 months in India
US citizen kid spends 7 months in India.

What is our filing status.
Can we claim kids as dependent.

Thanks.

[MukatA]

You can file joint return as residents even if your spouse has never been to the U.S.
You can claim U.S. citizen kids as dependents if they lived with you or your spouse.

[AtlantaTaxExpert]

You can also claim the H-4 kid if he/she spent ANY time at all in the U.S. in the calendar tax year.