questions about tax status

1.i changed from f1 to h1 on Dec 17, 2003, does it mean i don't meet the 31 days presence test so i can't use resident alien status to file tax return?
2.my lg is on f1 right now, that means he is nonresident alien. can i choose to fill tax as resident alien in such case? i guess we can take some eudcation tax credit for his tuition if we file as resident alien married.
thanks for any help.