Many CPA even Indian CPA are filing taxes for people as 1040 and makes a stimulus claim. I have a friend with a case similar to me

Entry in USA F1- 2006 July
Change of Visa: Opt to H1b October 2008
Fulltime Job from August 2008 to Dec 2008 and SSN/Medicare not deducted.

The CPA made him to file 1040 and claim stimulus? I am sure SPT is not met! And needs to file 1040NR.


Is this wrong? Can it be done?

If your friend is single, he can not file resident tax return. So evidently filing Form 1040 to claim recovery rebate is fraud.
Read about F1/H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html

To say it is fraud implies criminal intent, which is a stretch In my opinion.

But I do agree that he filed incorrectly, and will eventually need to amend the return. When the amendment is filed, the RRC will need to be re-paid with interest.