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    HPATEL1970's Avatar
    HPATEL1970 Posts: 4, Reputation: 1
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    #1

    May 20, 2011, 06:12 AM
    Filing Status for Non Resident on L-1 Visa
    I am working in the U.S.A. since 2008. I have lived here all these years. Hence I pass the substantial presence test for nonresident aliens. Can I use form 1040 to file my income tax. The income I have is from the W-2 and interest in the bank accounts.
    Thank you.
    Harshad
    Indian CPA's Avatar
    Indian CPA Posts: 22, Reputation: 7
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    #2

    May 20, 2011, 06:54 AM

    Yes, you should be filing 1040.

    Indian CPA
    Home - Indian CPA
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #3

    May 20, 2011, 07:21 AM
    If you pass the substantial presence test you are a resident alien (not a non-resident alien) and you would use form 1040 (or 1040A, 1040EZ) to file your return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    May 20, 2011, 02:02 PM
    Harshad:

    ARE YOU MARRIED? If so, you can file with your spouse, even if he/she are located in your home country.
    HPATEL1970's Avatar
    HPATEL1970 Posts: 4, Reputation: 1
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    #5

    May 20, 2011, 04:48 PM
    Quote Originally Posted by Indian CPA View Post
    Yes, you should be filing 1040.

    Indian CPA
    Home - Indian CPA
    Dear sir,

    Thank you. I have a follow up question:
    Since I have already filed for years 2008, 2009 and 2010 using 1040 NR, can I amend those returns using 1040X and form 1040 take the standard deduction and/or Itemize the deductions using Sch A?

    I like to pay for your time. Your help is and will be appreciated.

    Sincerely,

    Harshad
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    May 21, 2011, 05:26 PM
    You can amend 2009 and 2010 if your visa is a work visa.

    For 2008, it depends on WHEN you arrived in the U.S.

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