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    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
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    #1

    Mar 25, 2009, 02:15 AM
    By mistake filed 1040 last year, How I can recover the mistake?
    Hi, My situation is,
    I was working on OPT with one of the company in USA and married, I asked one of my friend for guidance, he suggested me to file 1040 for tax, So I filed tax last year(2007) with 1040, and now when I research this year (2008) I came to know that I should have filed 1040NR instead of 1040. What I can do now?
    Reaaly appriciate your quick feedback.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 25, 2009, 10:21 AM

    When did you come to the U.S. on F1?
    Which visa do your spouse has?
    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
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    #3

    Mar 25, 2009, 06:42 PM
    Quote Originally Posted by MukatA View Post
    When did you come to the U.S. on F1?
    Which visa do your spouse has?

    I was in us from 2004 to 2008 nov . I started on student Visa my wife came to us feb 2008 on F2. And this time I was on OPT. Now my wife went to India on July 2008 and I stayed back and then I got my H1B.

    Please let me know the ans to my original question

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 25, 2009, 07:36 PM

    You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
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    #5

    Mar 25, 2009, 08:26 PM
    Quote Originally Posted by MukatA View Post
    You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    Thanks a ton Mukta A.
    Just one more question, I already have left US on 24 Nov. so that made me Indian departing alien. Now which form do I need to file or the forms that you said are for this year or last year. I mean that amended tax return form 1040x is last year rest two for this year.
    Also , since I already left US for good ( not coming back ) do I need any extra form to go with this.
    And I will only have to sign one form or all the forms.
    Also since I am in India can I use one of my friends check to pay for tax I owe as I don't have any checks of the bank left with me now.

    Thanks a ton once again
    chetana and ravi
    Chetanag's Avatar
    Chetanag Posts: 6, Reputation: 1
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    #6

    Mar 25, 2009, 08:31 PM
    Quote Originally Posted by MukatA View Post
    You will file amended tax return Form 1040X with properly done nonresident tax return and Form 8843.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    One more thing, can we still use 1040 NR and still mention that we are filling jointly to get the deduction on tax filing.

    Thanks a ton

    Thanks a ton
    MukatA
    sandeepg's Avatar
    sandeepg Posts: 19, Reputation: 1
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    #7

    Mar 29, 2009, 09:37 AM

    As far as I know Non-residents are not allowed to file Jointly.
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