[TOB123]

My husband and I are from England and are now on OPT (will have H1B in a few months). We have 2 children (4 and 2 years old) both US citizens. We pass the substantial presence test and are residential aliens. My question is can we claim our kids as dependents. We were advised a year ago that we couldn't claim our kids because of our F1 visa status. We want to make sure we are adhering to the tax laws.

[MukatA]

If you did not complete 5 years on F-1 and OPT, you must file nonresident tax return. On nonresident tax return, you can not claim exemption for dependents.
If you change to H1-B, then starting from that year, you can choose to file joint return as residents. Your U.S. Tax Return: The U.S. Visas

[TOB123]

Thank you, we completed 7 years on an F-1 visa so we have filed as residential alien. Is that correct?

[MukatA]

Yes, you will file resident return. You can claim the dependents.

[TOB123]

Thank you for your help.