Hello,

I came to US in August, 2004 on F-1 Visa. I have been earning income through University since then until Dec 2005. My OPT began on Jan 25th, 2006 and have been working since then for a company. My H1-B started from November, 1st 2006.

F-1 - August 2004 to December 2004
F-1 - January 2005 to December 2005
F-1 - OPT - January 25, 2006 to October 31st 2006
H1-B - November 1, 2006 till date

I realised this year that I used the wrong forms to file for the last two years. For the years 2004 and 2005, I did not use forms 1040NR, 1040NR-EZ or 8843. I e-filed online using regular 1040 forms as a resident alien, claimed tuition and fees deduction and did not file 8843. I was not aware of the various filing rules which I found out now.

1. Is there anything which I can do this year to correct my past mistakes which I committed unknowingly?

2. Since I changed from OPT to H1-B in November 2006, I failed the subsatantial presence test. Should I file as dual-status alien or Just non resident alien? (I am single).

3. Should I file 8843 for 2006 along with 1040NR-EZ ?

4. If Dual status, do I need to file 1040NR-EZ, 1040EZ & 8843?

5. I heard that the mistakes you do over the years while filing taxes will effect your Green card application. Is it true? And is there a way to correct the mistakes?

I would really appreciate any help form you!

Thank you
Sid

1) Yes, you can and SHOULD file amended returns using Form 1040X and attaching the properly-prepared Forms 1040NR-EZ and 8843 to the Form 1040X.

2) File as a non-resident alien, filing Form 1040NR-EZ.

3) Yes.

4) Do NOT file dual-status.

5) Yes, it CAN affect your Green Card application. That is why you should amend your 2004 and 2005 tax returns.