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    Vikramark's Avatar
    Vikramark Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 8, 2010, 06:14 PM
    Filed 1040 A instead of 1040 NR ( student ) --- help!
    Hi,
    I am a graduate student came to US in 2008 August. I earned wages from the Univ since then. I filed ITR for years 2008 and 2009 on line using "TAXACT online"for federal returns and received direct deposit. Recently I realized that I will be categorized under non resident alien and has to fill 1040NR.

    Regarding the state taxes, I filed paper tax for state in 2008 and did`nt file for 2009 year

    Will it be a problem in the future for H1B or any other issue?

    Kindly please advise me how should I proceed next
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 9, 2010, 01:46 AM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    You filed resident tax return for 2008. You can file amended tax return Form 1040X along with properly done non-resident tax return and Form 8843. Pay the tax due. Attach a letter for Waiver of Penalty giving your reasons this happened.
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