Hi AtlantaTaxExpert,

I have a question and would like to ask for your help.

I was using OPT from Sept 2007 to Sept 2008 and then switched to H1B after Oct. 2008. However, I mistakenly filed the tax as resident last year and got the tax refund last year. Now it's time to file the tax again.

1. How should I fix the mistake I made last year?
2. what's the result after I fix it, or ignore the problem?
3. Should I use 1049NR this time? Or I can file it as the resident this year.

Thank you very much!

Gary

When did you enter the U.S. on F1 visa? Your citizenship?

Hi,

I am not a US citizen and my H1B started from Oct. 2008. I used OPT for 1 year before H1B (2007 Sept. to 2008 Sept). Thank you very much.

You are nonresident for 2007 and 2008.

For 2007, you need to file amended tax return Form 1040X alongwith properly done Form 1040NR or 1040NR-EZ and Form 8843.

On Form 1040X Column A is what was on the original return, Column C is what should have been there (that is corrected amounts) and Column B is the difference. Complete these columns and then refigure your tax. Read about F1/H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Thank you very much. Now I have a clear picture.