Tax and Green Card

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Kanchhu

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Hi,

I came to the US in 2004 as a student. I filed 1040 NR for 2004 and 2005 tax return.

But I filed 1040 for 2006 return while I was still on F1 visa. For 2007, I again filed 1040 jointly (for me and my wife, who came to the US on F2 in Jan 2007 and later changed status to F1, I requested ITIN for her).

Starting Oct 2008 I am on H1b Visa and my wife is still on F1.

My employer will file Green Card for me soon and when I was talking about this with one of my friend, he told me that I filed wrong tax form by filing 1040 instead of 1040 NR for 2006 and 2007.

Will the wrong tax return filing impact my green card processing? Is there a way to correct the mistake I made by filing the wrong form?

Waiting for your suggestions.

Thank you

-Kanchhu

ark

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There is a form 1040-X , amended tax return form for both residents and non-residents to be filled and sent in hard copy. You may need to pay back to IRS as they have returned you more than what you should get.

In fact I am also going to fill 1040-X for amending my previous returns (in 2006 n 2007), did the same thing in 2006 n 2007 as yours.

However, do we need to file amended form?? and how will be its impact for green card processing? Anyone have any ideas??

saku

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Kanchu,

You will be alright. Dont worry about it. Worry about your labor certificate you are going to file. Are you applying under EB2. And concentrate on how to reduce chances of AUDIT. No matter under which category you are going to apply, once your case is audited, you better forget about green card at least for two years. Now a days 80% of case is audited and there is a backlog.

Kanchhu

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Thanks Ark and Saku,

I have MS degree but my current job only requires BS degree, so I don't know if I fall under EB2.

How can I avoid the auditing process? Do you have any suggestions?

Thank you again

-Kanchhu

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