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    d_eswari's Avatar
    d_eswari Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 16, 2012, 09:43 PM
    How do I know if I'm non resident alien
    I came to US on H1-B visa from August 20, 2010 to April 30, 2011.

    But due to misguidance I have filed 1040 for both 2010 and 2011.

    But I feel that I didn't pass the substantial presence test for a resident alien now. I am not sure till. Please correct me if I am wrong.

    Now am little scared, if in future the above thing will cause a problem to me.

    What to do now. Do I need to file anything different for these two years. If so what forms and how long it take to get corrected.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2012, 09:55 PM
    This is a common error.

    You can fix it by amending the returns with Form 1040X and attaching Form 1040NR.
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