I was on F-1 and then H-1B last year, need help filing tax for myself and my husband

[lilynarci]

Hi,

in 2016 I was working under my OPT and then switched to H-1B in October. My husband also switched from F-2 to H-1B at the same time. Also, in December we had our baby. and we've been living in the US for the last 4 years.
My questions are:
1) Can I use 1040 form or should I still use 1040NR?
2) Can we file married jointly since my husband has 0 income.
3) Can I add my baby as a dependent to receive some tax credits?

Thanks in advance, you guys are very helpful!

[Talisman]

Tax return

Hi,

in 2016 I was working under my OPT and then switched to H-1B in October. My husband also switched from F-2 to H-1B at the same time. Also, in December we had our baby. and we've been living in the US for the last 4 years.
My questions are:
1) Can I use 1040 form or should I still use 1040NR?
2) Can we file married jointly since my husband has 0 income.
3) Can I add my baby as a dependent to receive some tax credits?

Thanks in advance, you guys are very helpful!

1/ You can use form 1040 because you are qualified substantial presence test for US Residence alien
2/ Yes, you can file married jointly together, your husband is your qualified relative, as long as he can get SSN or ITIN
3/ Yes, you can add your baby as your dependent as long as he/she has SSN

Most of the credit have a trickly condition and limited, please make sure you understand them all.
But, tax is not so easy, I know many people they are file the tax for themselves and missed pretty much return because the less knowledge about tax.

Good luck.
Annie