Hello,

If I take into account my stay in the US on B1 (business/visitor visa) status then I feel I qualify for being a Resident. However, I did not file any taxes before (I was specifically asked by my employer not to).

Now I'm on H1B (since July 2007) and have filed through TaxAct online service (e-file) my Federal and State Tax Returns.

It is only now I'm wondering should I had filed the 1040NR-EZ. But looking at the Substantial Presence Test specification in the IRS publication 519 they say "physically present" taking it literally it seems I qualify, just not sure if they'll be confused as why didn't I file prior to this.

Any help would be appreciated!

Thank you,

QuarterBackPunk

If you filed via on-line TaxAct, then you filed incorrectly, because you were NOT a resident alien for tax purposes.

You should have file Form 1040NR or 1040NR-EZ.

Thank you so much AtlantaTaxExpert for answering. I'm really impressed that you were able to dig down and answer. Just one more follow-up question, if I may:

By not filing 1040NR did I pay a higher amount of tax to the IRS? As if that's the case then I'm fine with IRS keeping the extra money.

If not, then I would want to make it right and pay the IRS what I owe.

Thank you,

QuarterBackPunk

More than likely, you paid LESS by filing as a resident alien, but I do not know enough to say that for sure.