Hello All,

My status follows:


F-1 from Aug 2006 - May 2009
Start working on OPT in July 2009
Employer filed for H-1B and approved (filing was done in the mid June-July timeframe)
H-1B from Oct 2009 - Dec 2009


My queries follow:


I am confused whether I should be filing (2009)under the dual status or file the form 1040NR and 8843 since I do not pass the Substantial Presence Test

My prior tax filings were done online(2006,2007,2008). I visited a registered tax consultant/preparer in 2007 and he said it was OK for me to file online(1040A). Its only this year that I realize that I had to file the combination of 1040NR and 8843. Do I need to file amendments for all the previous years? IF so what is the course of action and what are the forms I need to file?


Any guidance is seriously appreciated.

Thanks

For 2009 you are nonresident so you file nonresident tax return. But you have already filed resident return for previous years. So if you file nonresident tax return in 2009, IRS will certainly question you.

Thanks MukatA. Is there a way I can correct the filing for the previous years or should I be filing as a resident this year too? How do you advise I proceed with filing the taxes?

You filed incorrectly in past years, and you need to correct that error eventually, because it will come up during the Green Card application process.