Hello, I came as a trainee on a J1 visa on feb 2007. For 2007 I filed 1040NR (I have wife and 1 child as dependents). For 2008 I asked a tax preparer to help me and he filed form 1040, After I realized this I told him I was a non-resident for tax purposes for the year 2008 but he insisted it was the right form to file and send. For 2009 I am a tax resident so next year will file same form (1040). I already got my refund but am concerned about this situation.

What do you suggest? Should I contact IRS somehow and amend this, how do I do it? I asked the guy the same question but he doesn't seem to know about taxes for aliens.

Thanks!

If you were on a J1 and 2007 was your first year in the US, then you are correct, you should have filed non-resident for the 2008 year. You should file an amended return.

Go back to the preparer and ask him to look into the situation for a J1 visa holder. Explain to him that you are an exempt individual for the purposes of the substantial presence test.

As J1 trainee you are non resident for two years. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents