Hi TaxExperts,
I'm an Indian national on H1B visa with I-140 pending. I was about to file my tax returns for 2008 and realized that I have filed tax returns as “Resident” (Form 1040) in the past years while I was on F1 visa and OPT. however, I have come across many discussion groups who have strongly suggested to file 1040NR (as Non-Resident) for F1 students. It has started concerning me that it may attract any IRS audits or have any issue during the Green card process or interview. Following is the list of tax returns that I have filed in the previous years and visa status.

Year - Visa - Tax form submitted
----- ---- ----------------------
2004 - F1 - Filed nothing as there was no income
2005 - F1 - Filed 1040EZ
2006 - F1 and OPT - Filed 1040A and 8863 (got about $62 as Education Credit)
2007 - OPT and H1 - Filed 1040EZ
2008 - H1 - About to file 1040

I'm not much concerned if I should be getting a refund by filing an amendment to 2007 or 2006 returns as the income was less. But if it is going to have a non-monetary impact I'm ready to file an amendment or at least double check with a tax consultant.

Suggestions are welcome.

Thanks.

You got H1-B in 2007 so in 2008 you must file resident tax return. File 2008 tax return.
Yes, on F1/OPT you were nonresident for 5-years.

You should amend previous years' return using 1040-X