Hi I have come to US for 35 days in 2008 on B1
came for 53 days in 2009 again on B1
I am in USA since July 31 2010 on L1
I have filed 1040 for 2010 via turbo tax whereas I have to file 1040nr
today I have just gone through pub519 which states that if I was in US for 31 days in 2010 I can use first year choice but in my case I need to wait till 15 may 2011

I have few questions

1. Does my presence in US on B1 count for SPT
2. Please advice shall I file 1040x with 1040nr and 4868 for extension or just 4868
3. will I get making work pay credit for 2010 if I become RA with first year choice
4. If I consider myself as NRA I have to pay tax of $ 93 shall I make that payment even if I will be applying for ext

1. Yes days on B1 count for SPT.
2. Even if you complete SPT in 2010, this makes you dual status. You can file joint return as residents only if you are married. If you are single, you can not make first year choice to file resident return.
3. On resident return you must report worldwide income for the year. You may not have reported your foreign income on your resident return.
4. So file Form 1040X along with properly done nonresident tax return. Also you can claim moving expenses using Form 3903. Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Hi
I have not completed SPT in 2010, I will be completing it in may 2011
Thanks for quick reply but as per pub519 page number 9, I need to fulfill only teo condition and as I was in US for more than 31 days and never gone back and will be completing SPT in may 2011
I believe I should have filed 4868 for ext till may
Please advice if I can make first year choice I am single

Also what should I do now do I need to file 1040x with 4868 and 1040nr