Hi Dear,

I am Korean who grew up in Santa Cruz, Bolivia. I am Korean citizen, but I hold Bolivia residency.

I came to California on February 16, 2001 under B-1 visa. After 5 weeks, I went back to Santa Cruz, Bolivia in order to get F-1 visa. Then, in June 02, 2001 I came back to California under F-1 visa. Since then, I have been attending to college. However, in July, 2002, I went to Santa Cruz, Bolivia for summer vacation. After two months (September 2, 2002), I came back to California to continue with my education. I have been here since my last summer vacation.

In August, 2005, I had a paid internship in order to fulfill my graduation requirements for my major; therefore, I have filed taxes for 2005. In May, 2006, I graduated from the university. In August, 2006, I have begun to work under OPT (Optional Practical Training-temporary work permit), thus, I have already filed taxes for 2006. Both taxes, I used HR Block services because I don’t know anything about U.S income tax. After reading your website, I realized that HR block has made mistakes on filing my taxes. They used 1040(U.S income tax form). What can I do about this situation? What is my tax status? What tax form I should file for income tax? How can I fix this opportunity? I am still under F-1 status.

But, in October, 2007, I will be getting H1B status; I would like to know what will be my tax status during that time? What tax form I should file for 2007 tax return, if I get H1-B status?

Please advice.

Thank you very much for your help and cooperation.


Best Regards,

Sam

PS: I dot not understand the tax status test?

Sam:

The exempt status granted to F-1 visaholders expires after five years; your expired on 31 Dec 2005.

In 2005, you were a non-resident alien, and should have filed Form 1040NR-EZ. Go back to H&R Block and ask them to amend the return to fix this error. If they will not, contact me below.

For 2006, you were a resident alien, so the tax return H&R Block filed for you was probably correct.