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    dp_jy's Avatar
    dp_jy Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 14, 2008, 02:58 PM
    First Year Return Wrongly Filed
    Hi,

    I am working in US since Nov25' 2007 on H1 visa. My wife & my kid are in India. They have never been to US. They are holding H-4 Visa.

    Earlier visits details: 2005 – 62 days (B1/B2)
    2006 - 36 days (B1/B2)

    I am going to Stay in US till July’2008.

    I have sent my paper return (1040) along with W-7 for my wife & kid to IRS( Attached Notarized copy of their passport). I have filed in Joint Married status. I already have SSN.

    While going through the other postings at this website , I came to know that as a first year choice I can file my return in Resident status but only after May2008.

    Since I have already sent my return to IRS I wanted to know of the consequences of the filing the return in my case before May’2008.

    Please reply ASAP?

    Thanks a lot in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 29, 2008, 11:57 AM
    The odds are that the IRS will not catch it and you will get the refund as requested.

    If they DO reject it, just re-submit when you qualify for the Substnatial Presence Test in May 2008.

    As long as you stay in the U.S. until at least May 2008, you have broken no law and there will be no adverse consequences.
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