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dohko8 · Feb 21, 2008, 04:27 PM

Hi

I've been in the US since Aug 2003 on an F1 Visa. Last Year I worked on OPT from Feb 07 to Sep 07. Then H1b from Oct to Dec. What's my filing status? I've been filing the Online form 1040 for the past 3 years but now was told that I should have done the 1040NR. I also didn't know I had to file Form 8843? What should I do now? I had income in 2004, 2005, and 2006 all less than $3300.

Should I file form 8843 and 1040X for every year?
Is there any way to file as a resident for 2007?

Thanks

eawoodall · Feb 21, 2008, 04:55 PM

Go to IRS.gov

Get the forms you need, and the related information.

File amended returns.

If you do not think you can do this properly, pay a tax lawyer, or a tax prep service like h&r block, for example. This is not legal advice, or tax advice. You want to get this done correctly, now.

dohko8 · Feb 21, 2008, 04:58 PM

I mean I don't owe any taxes, are there any consequences of just leaving it like this? Any problems getting a green card later?

eawoodall · Feb 21, 2008, 07:56 PM

The IRS gets the information directly from the employer.

You want to be honest with them.

File the amended returns and other forms they want.

As you said it won't even change how much tax you owe. Why are you not already doing it?

dohko8 · Feb 21, 2008, 08:10 PM

I did some calculations, I may have to pay some tax because the standard deduction is not allowed. How would the penalty and interest work? Its less than 20 dollars what I Owe. I think.

eawoodall · Feb 22, 2008, 01:35 AM

File out the forms, send to i.r.s.

They can compute the taxes for you.

Read the publications, they explain what you need to fill in, and what they can do.

They will send you a statement of the amended returns, and tell you if you owe or not.

IRS.gov has all the forms, and the phone numbers if you want the i.r.s to mail forms to you.
Or you can download the forms on-line.

Call the i.r.s help line, they will tell you what forms you need, and send to you.

If you cannot understand how to do it, there is free tax help at various places, but you still must want to do it. And actually go do it. Even if you hire a tax attorney, you still have to sign the forms at some point. You might as well learn how to fill them out. I am unsubscribing to this question because I have answered your question. It is up to you to realize it.

AtlantaTaxExpert · Mar 7, 2008, 01:35 PM

EaWoodall was a bit abrupt, but he is correct; you need to amend the returns to set the record straight.

You have paid the taxes required, but you filed incorrectly, and that CAN be held against you if you later apply for a green card.