[garytseng0906]

Hi AtlantaTaxExpert,

I have a question and would like to ask for your help.

I was using OPT from Sept 2007 to Sept 2008 and then switched to H1B after Oct. 2008. However, I mistakenly filed the tax as resident last year and got the tax refund last year. Now it's time to file the tax again.

1. How should I fix the mistake I made last year?
2. what's the result after I fix it, or ignore the problem?
3. Should I use 1049NR this time? Or I can file it as the resident this year.

Thank you very much!

Gary

[MukatA]

When did you enter the U.S. on F1 visa? Your citizenship?

[garytseng0906]

Hi,

I am not a US citizen and my H1B started from Oct. 2008. I used OPT for 1 year before H1B (2007 Sept. to 2008 Sept). Thank you very much.

[MukatA]

You are nonresident for 2007 and 2008.

For 2007, you need to file amended tax return Form 1040X alongwith properly done Form 1040NR or 1040NR-EZ and Form 8843.

On Form 1040X Column A is what was on the original return, Column C is what should have been there (that is corrected amounts) and Column B is the difference. Complete these columns and then refigure your tax. Read about F1/H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[garytseng0906]

Thank you very much. Now I have a clear picture.