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    avaidyan's Avatar
    avaidyan Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 9, 2008, 01:18 PM
    OPT filed 1040
    Hi

    Last year I was on OPT and I filed 1040 by mistake. I had a federal withhelp of $6000, IL withheld of $1000 and Michigan wihheld of $122. Do I get a refund of $6000 + $1000 + $122 if I file 1040 NR instead of 1040? In 1040 I had to pay $4000 of federal taxes and all of the state taxes . I am on H1B started from Oct 2007 .Prior to oct 2007 , I was on OPT, a non immigrant status.

    Kindly advice me. - Thanks avaidyan
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Nov 9, 2008, 11:01 PM

    If you did not complete 5-years on F1/OPT in 2007, you were required to file your 2007 federal tax return as non-resident.

    For State return there is different rule. You may be resident of Michigan for 2007 even if you are non-resident on federal tax return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Nov 13, 2008, 09:52 AM
    I agree with MukatA's advice if you are not married.

    Normally, filing as a non-resident alien results in paying MORE income taxes than filing as a resident alien.

    Based on the information provided, you need to amend to fix the problem, because you have filed INCORRECTLY for 2007, and that can come back to haunt you if you ever apply for a green card.
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