Hi, My situation is,
I was working on OPT with one of the company in USA and married, I asked one of my friend for guidance, he suggested me to file 1040 for tax, So I filed tax last year(2007) with 1040, and now when I research this year (2008) I came to know that I should have filed 1040NR instead of 1040. What I can do now?
Reaaly appriciate your quick feedback.

When did you come to the U.S. on F1?
Which visa do your spouse has?

When did you come to the U.S. on F1?
Which visa do your spouse has?


I was in us from 2004 to 2008 nov . I started on student Visa my wife came to us feb 2008 on F2. And this time I was on OPT. Now my wife went to India on July 2008 and I stayed back and then I got my H1B.

Please let me know the ans to my original question

Thanks

You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
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)

You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
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)

Thanks a ton Mukta A.
Just one more question, I already have left US on 24 Nov. so that made me Indian departing alien. Now which form do I need to file or the forms that you said are for this year or last year. I mean that amended tax return form 1040x is last year rest two for this year.
Also , since I already left US for good ( not coming back ) do I need any extra form to go with this.
And I will only have to sign one form or all the forms.
Also since I am in India can I use one of my friends check to pay for tax I owe as I don't have any checks of the bank left with me now.

Thanks a ton once again
chetana and ravi

You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
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)

One more thing, can we still use 1040 NR and still mention that we are filling jointly to get the deduction on tax filing.

Thanks a ton

Thanks a ton
MukatA

As far as I know Non-residents are not allowed to file Jointly.