Dear Sir,

I think I need to clarify the question about this.
I was in the US from July 2006 to July 2007 with F-1 student visa. I again came back to the U.S. in August 2008 with J-1 trainee visa.

I started to prepare for the tax return document (but actually I only need to pay the income tax since my employer did not withhold any amount). Then I realised that I can exclude the days of my stay during 2006 and 2007 under substantial presence test to be qualified non-resident alien status. However, to exclude the days stayed in the U.S. in 2007 and 2006, I must file the Form 8843. For 2006, I filed the Form 8843 to IRS but not for 2007. For both 2006 and 2007, I did not have any income and therefore, I did not file any 1040NR (I mean non-resident tax return).
However, this year, I need to file 1040 or 1040NR. To qualify non-resident alien status, I need to exclude the days of my stay in 2007 under the substantial presence test. However, I was not sure whether I can exclude days of my stay in the U.S. 2007 without filing the Form 8843.
So my questions are
(1) Can I still file the Form 8843 for 2007? Or is it too late?
(2) Do I need to file the Form 8843 for 2007 to exclude the days of my stay in the U.S. 2007 for the purpose of substantial presence test?

Thank you very much for spending your precious time on this matter!

Even if you do not file Form 8843 with your nonresident tax return for 2007, you can file 2008 tax return as nonresident.

Yes, you can file the 2007 Form 8843 by itself.

Better late than never!

I too have a similar problem. I was in US till July 2006 but I could not file return for that year. Is it possible to file a return for 2006? I came back in 2008. Should I be filing the tax return for 2006 and 2008 separately?

Also, n year 2006 I was on OPT till May 2006 and my H1 started from May 2006. What forms do I need to fill? Is there any additional form required to be filled out for late filing?

Thanks a lot in advance

Yes, you must file 2006 tax return.
What form do I need to fill? When did you leave the U.S. after starting on H1-B in 2006.

I left in July 2006.

What forms do I need to fill?

Also, how do I consider my dual statuses for the same year while filling out the forms? I was on OPT from Jan 2006 to May 2006 and was on H1 from May2006 to July 2006.

Also, I was out of country for a month and a half, i.e. from March to April 2006, during which I had no earnings. Does that matter while filing the tax return.

You file a dual-status return for 2006, filing Forms 1040 and 1040NR.

This is NOT a return for amateurs. If you have not yet filed, email me at [email protected] for a fee quote.