I did my OPT from Jan07 to July07 then had a company file my H1 and started working with them in August 07 while still on OPT and the H1 started in October. This year I filed my taxes but did not know that I used the wrong form 1040 instead of 1040NR. I had two W2 forms, one from the OPT company and the other from the H1 company which is my current employer. How to I correct this? Can I go back to the same tax place and ask them to amend it? I'm worried because I am getting ready for visa stamping in Canada for travel in December.:confused:

If you can file resident tax return depends upon when you entered the U.S. on F1 visa and are you married or not?
Also did you pay FICA taxes on your OPT income?
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

If you were married and you filed jointly with your wife, then your filing of Form 1040 was correct.

If you were single, then you shold have filed Form 1040NR. You can correct this error by amending your return with Form 1040X and attaching a properly-prepared Form 1040NR or 1040NR-EZ with the worded "AMENDED" printed at the top of the first page.

If you are from India, there probably will be no additional tax, because Indian citizens on F-1 visa can deduct the standard deduction under the U.S.-India Tax Treaty.

If not from India, you likely will owe some additional tax.

Thank you!

Glad to help!

Hi ATE, thanks for you great help. I have just one more query. I was going to file form 1040X and was told about the "First Year Choice". How would that work? Based on what I have been reading about it today would I qualify and amend my return with this choice since I had already filed form 1040? Here are my facts:

Was on F1 visa.
OPT: Jan 2007 - Oct 2007
H1: October 2007 - present

So in 2007 I satisfied the required 30 days since I have not left the US, and I qualify for the substantial presence test for 2008 since I have been here all along.

If you are not married, then "First Year Choice" for 2007 makes you Dual Status for 2007; it does not make you resident for 2007.

Thanks for your answer. Yes I am not married. I guess my question is can I still go for H1B stamping with the 1040 that I filed and amend it after that. I just don't want to give reason to be questioned a lot even though it was honest mistake. Please advice, thanks.

Galaxy900:

You can amend your return and you and your wife both choose to be treated as resident aliens for all of 2007.

Yo need to file Form 1040X plus a Residency Choice statement to do so.

Hi ATE,
I am not married. Please advise, thanks.

Thanks for your answer. Yes I am not married. I guess my question is can I still go for H1B stamping with the 1040 that I filed and amend it after that. I just don't want to give reason to be questioned a lot even though it was honest mistake. Please advice, thanks.

Yes, you can do this. You have filed your tax return; this is what is required.

Thank you all for all your help. It is very appreciated and I can now rest easy. I will just go for stamping and then amend my return as needed. Thanks again!

Thanks for your answer. Yes I am not married. I guess my question is can I still go for H1B stamping with the 1040 that I filed and amend it after that. I just don't want to give reason to be questioned a lot even though it was honest mistake. Please advice, thanks.

Yes, it should be OK for you to go for your H1-B stamping. You have filed your tax return.