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aagnelo · Mar 16, 2005, 12:42 PM

Hi,
I am confused as to which form to fill. My H1B started in Nov 2004 and bfore that I was on OPT. Also, I originally filed my returns for 2004 using the 1040EZ form, and then later realised that I might have had to use th 1040NR-EZ form. If I am right, how do I proceed. Do I use the 1040X amendment form?
Please help.
Thanks!

AtlantaTaxExpert · Mar 17, 2005, 06:59 AM

Aagnelo:

I have answered several questions for others like you who have switched visa status (from F1 to H1B). The correct form for you to use is Form 1040NR-EZ. Based on what you said, and assuming you are from India (it seems everyone who asks these question on this board are from India), you should be able to claim the standard deduction.

You need to file Form 1040X and attach a copy of the completed Form 1040NR-EZ to the return. If you are comfortable with numbers and following the IRS instructions, you can do this yourself. If not, get a tax pro to prepare the amendment for you.

My fee for such an amended return would be $100. A local tax pro in your area may charge more or less (depends on your locale).

aagnelo · Mar 17, 2005, 07:41 AM

Thanks for your reply!
There's one more thing I'd like to know. I filed the returns using the 1040EZ form and got my refund through direct deposit. Later I received another W2 from the school I was working when on F1 status. I am now working on H1B status and your right, I am from India. So, once again how do I go about the whole thing (1040 NR-EZ and another W2).
Please help.
Thanks! I appreciate it!

AtlantaTaxExpert · Mar 17, 2005, 09:37 AM

Aagnelo:

Okay, the additional W-2 gives you yet another reason to amend your 2004 return. You can add the income from the additional W-2 when you do the amendment.

You should fill out the Form 1040NR-EZ as if you never filed the Form 1040-EZ, adding the additional income from the new W-2.

Then use the completed Form 1040NR-EZ and the information from the original Form 1040-EZ to fill out the Form 1040X.

You file the Form 1040X and attach a copy of the Form 1040NR-EZ and a copy of the new W-2. If you owe money, there will be no interest or penalties as long as you file the amendment by April 15, 2004 and pay any taxes due in full.

Again, if this seems a bit too complex for you, get professional tax help. Be sure the tax professional has some experience filing For 1040NR (a fair number of preparers shun doing Form 1040NR).

If you want my help, contact me at [email protected].