[rahulkn]

Hello.
I filed my returns and now I have a dilemma about my forms.
Let me put everything here.

Current status: H1-B, : status started from October 1st : but got a job only in December. The December pay is received in Jan.
So no W2 on my H1.

Previous status: Initially F1. Then, OPT started from Dec 17th, 2006. Was on my OPT till my H1 started.

Unfortunately did not work on my OPT at all. So no W2 on my OPT.

But on my F1, the December 2005 pay is paid in January 2006 and I received a W2 for that wages. My state does not have state tax. So only need to claim the Federal tax withheld.

I used a 1040EZ for filing my returns.
Now I have a doubt if I still qualify to claim my returns using 1040NR instead of 1040EZ.
also what about the dual status thing, I'm not sure if come under that categ. :(

I already filed my returns and now am totally confused on how to proceed further.
Do I need to wait for the IRS to process my refund? Or do I need to send the form 1040X with 1040NR? Or is the form 1040EZ sent the correct one.

Please help.
Thanks in advance.
-Rahul

[The Texas Tax Expert]

Hello.
I filed my returns and now i have a dilemma about my forms.
Let me put everything here.

Current status: H1-B, : status started from October 1st : but got a job only in December. the december pay is received in Jan.
So no W2 on my H1.

Previous status: Initially F1. Then, OPT started from Dec 17th, 2006. Was on my OPT till my H1 started.

Unfortunately did not work on my OPT at all. So no W2 on my OPT.

But on my F1, the December 2005 pay is paid in January 2006 and I received a W2 for that wages. My state does not have state tax. So only need to claim the Federal tax withheld.

I used a 1040EZ for filing my returns.
Now I have a doubt if I still qualify to claim my returns using 1040NR instead of 1040EZ.
also what about the dual status thing, I'm not sure if come under that categ. :(

I already filed my returns and now am totally confused on how to proceed further.
Do I need to wait for the IRS to process my refund? or do I need to send the form 1040X with 1040NR? or is the form 1040EZ sent the correct one.

Please help.
Thanks in advance.
-Rahul

It's really hard to follow what you are saying. I presume you mean your OPT began in 2005 and then your H1-B began October 2006? If your F1 began no earlier than 2002, then it would seem from the information given that you are a NR for the full year in 2006. If that is not the case and your F1 began earlier than 2002, then you would appear to be a resident.

[rahulkn]

Hello Texas Tax Expert,
Thank you for the response.

My F1 started in Jan-2004
OPT started from Dec,2005
H1 started from Oct, 2006

Also I would like to know if I filled the correct form or not?
Also shall I wait for my refund to e processed? Or do I need to fill in the correct form along with 1040X and send them before the due date?(April 17th)
Or can I do this next year with my 2007 tax returns.

Please help me out.

Thanks,
Rahul.

[The Texas Tax Expert]

You should definitely be filing as a non-resident so you should have filed a 1040NR. If you are married you could wait a little bit and then elect to file as a resident with your spouse for all of 2006 (this would mean a 1040 is appropriate).

At this point though, you have filed the wrong thing and yes you will need to file a 1040X and amend your return.

[rahulkn]

Dear Texas Tax Expert,
Do I need to file it before the current deadline,i.e.. April 17th or Can I wait till my refund gets processed and do it with the next year tax filings?
Please let me know.
Thanks,
Rahul.

[The Texas Tax Expert]

Dear Texas Tax Expert,
Do I need to file it before the current deadline,ie., April 17th or Can I wait till my refund gets processed and do it with the next year tax filings?
Please let me know.
Thanks,
Rahul.

If you will owe tax, I'd file it as soon as possible. It seems if you filed as a resident but really are a non-resident, your tax might be a little higher.

[rahulkn]

I don't think I owe any tax. My question is, Is April 17th the deadline to amend my currently filed return?
Or do I have some time on hand?
Thanks.

[AtlantaTaxExpert]

If you owe no additional tax, then take your time to amend the return. You have about three years to claim an additional refund.

If you OWE additional tax and have not filed the amendment by April 17th, then you will owe the tax PLUS interest PLUS a penalty of 5% of the tax owed per month late.

[rahulkn]

If you owe no additional tax, then take your time to amend the return. You have about three years to claim an additional refund.

If you OWE additional tax and have not filed the amendment by April 17th, then you will owe the tax PLUS interest PLUS a penalty of 5% of the tax owed per month late.

Hello ATE,
Thank you for the response.
-Rgds.

[AtlantaTaxExpert]

Glad to help!