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harinianasingaraju
Feb 26, 2008, 05:27 PM
Hi,

I have been staying in US from Aug 2005 on F1 visa. I am an Indian resident.
I did not earn any income in 2005 and did not file any kind of tax returns.
In the year 2006, I have been funded and so filed in 2007 through 1040 tax form.
In the year 2007, I was on my OPT(F1) till Sept 30th and from Oct 1st was on my H1-B.
So, now I have filed through 1040 again as a resident.

Now after filing, I realise that I did lot of mistakes, which I am not sure of.
Do we come under Exempt individuals for the year 2005,2006,2007?
If so do we have to fill 8843 too for all the 3 years?

Do we have to fill 1040 nr-ez / 1040 nr? I earn <100k and had a 1099 misc for the year 2007. So can't I file 1040 nr-ez? Everything is so confusing.Many of my friends did the same thing.

I am not sure if we have to fill 1040x and 1040 nr-ez , 8843 or ScheduleC-EZ too.
Was I on dual status in 2007? If so what should I do?Filing through 1040 for this year makes a difference?

Can you please explain me the procedure in brief.Thanks in advance.

AtlantaTaxExpert
Apr 16, 2008, 11:42 AM
Yes, you should have filed Form 8843 in 2005. Do so now; better late than never.

You should amend your 2006 return with Form 1040X and attach a properly-prepared Form 1040NR-EZ to the Form 1040X, with the word "AMENDED" at the top of the Form 1040NR-EZ. Also attach a Form 8843 for 2006.

File as a non-resident alien in 2007, filing Form 1040NR if you moved and paid your own moving expenses (you claim these expenses on Form 3903) or filing Form 1040NR-EZ if the moving expenses were paid for by your employer. Also file Form 8843 one last time with the abve return.