Hi MukatA,

I am in F-1 OPT status from mid 2007 to the end of 2008 and I filed the wrong form (1040EZ) for 2007 tax return. Followings are the forms I plan to file for 2007 and 2008. Please let me know if they are correct or not.

1. For 2007: I will file Form 843 and 8843 for FICA refund. (Do I need file 1040X?)
2. For 2008: I will file Form 1040NR, 8843, 8316, and 540NR long form (California state tax).
(Form 843 seems can't be used for 2008 FICA refund, what form can I use instead?)

Thanks,

Hopefully, you have not yet filed the Form 843 for the FICA refund for 2007, because you MUST amend your 2007 return FIRST to restore your non-resident status BEFORE your file the Form 843.

If you need professional help, email me at [email protected].

Where is my 2007 1040NR tax return

Can you be a bit more specific?

Assuming you did not complete 5-years on F1/OPT till 2008:
1. For 2007 file Form 1040X with properly done non-resident tax return (Form 1040NR or 1040NR-EZ) and Form 8843.
2. For 2008 file non-resident tax return and Form 8843.
3. After waiting about 12 weeks for 2007 return and 4 weeks for 2008 tax return, file Form 843 with required documents. Your U.S. Tax Return: Social Security and Medicare (FICA) Taxes for Non-resident Exempt Individual (http://taxipay.blogspot.com/2008/03/non-resident-exempt-individual-social.html)

If you find this complicated, contact AtlantaTaxExpert.