[krisg]

Hello,
I am new to these forums - but seeing the responses, I am sure that I will get some much needed advice.

My situtation is this:
I was an Indian Student on F1 from July 2003 to April 2006. (My H1-B visa was approved to become effective from April 2006.) I filed my 2003 return using the correct 1040 NR form I believe. But for 2004 and 2005, I used turbo tax and h&r block assuming that I could - which was wrong since I have now discovered that I am NOT allowed to use the 1040 form.
So after re-calculating the amounts based on the std deductions and exemptions that I can claim as an Indian Student (2005 -$8,200, 2004 - $7,950), I believe I did not underpay any taxes - using the online forms ( 2005 allowed me $8,200 & 2004 allowed me $7,950) - I only had to pay $49 in 2005 and nothing in 2004.
My question is what should I do now- should I file an amended tax return 1040X for 2004 & 2005 and explain my mistake?
I have my W2's for 2005, but I don't have any for 2004.

Please help me decide what to do - any advice you can give me will be sincerely appreciated.
I am extremely worried since I have to get my H1-B visa stamped this November in Canada and I don't want to knowlingly take copies of my 1040 tax returns if they were filed wongly in the first place.

Much thanks.

[AtlantaTaxExpert]

Yes, you need to file Form 1040X with the Form 1040NR or 1040NR-EZ attached. Explain your error in the COMMENTS section on page 2 of Form 1040X, and show on page one that you do not owe any additional tax.
Respectfully request that the IRS return you to a non-resident alien status.

I have had several clients do this, and the IRS has yet to cause a problem. Your error is a rather common one among F-1 visaholders, and the IRS will normally accommodate your request to correct the problem.

However, it normally takes 6 - 8 weeks to get an answer to such a submission, so you need to get it done ASAP. BTW, you will NOT need the W-2s.

[krisg]

AtlantaTaxExpert - Thank you for responding.

I'd be so obliged if you could just answer 2 more questions:
- How will I know if the IRS has accepted my amended tax returns? Is there some sort of acknowledgement that they send back?
- What form should I file next year? If I have actually spent 183+ days in 2006 in the US, then do I file the 1040? Or should I be sticking to the 1040NR?

Thanks!

[AtlantaTaxExpert]

Yes, they do acknowledge receipt and will in fact notifiy you that your alien status has been reverted back to non-resident alien.

For 2006, you will be a dual-status alien. You can file a dual-status return (Form 1040 with a Form 1040NR attachment) or file a non-resident return (a much simpler return of just the Form 1040NR); the tax due will be the same regardless.

If you are married, you opt to file as a resident alien.