Why did you file 1040A instead of 1040-NR? Did you file intentionally? If you are lucky they may not catch you. My suggestion is just include the W-2 forms as the evidence of filing tax documents instead of including tax return form.

kanchha-dai · Sep 26, 2010 1:43 PM

If you have social security number any tax software will let you use 1040 ex or 1040 A or 1040. It may have given you more tax refund and used for your tuition. I have seen many people came in early 90 or mid 90 they got clean ss and filed tax as us resident. Never had any problem when they were in GC process. But time has been changed and lawyer will ask you question regarding your work in us so they are the one will give you right answer. Mr. Giri has been very helpful in immigration subjects.

Syanjali · Sep 26, 2010 3:43 PM

It shouldn't be a problem. I was also on the same boat. I didn't file the wrong form because I was greedy or something but simply I didn't know and I was guided to the wrong form by my great friends. We are human and mistakes can happen =) I didn't include my tax returns during my H1 Visa interview but I did include my latest pay stubs which showed that I have been paying taxes. But they never asked me about the taxes, just asked few questions about my job, my salary and the current project that I am working on and asked me to come the next day to collect my visa. Hope this helps.

dexter · Sep 26, 2010 4:06 PM

Informative....the trasition from student to work life is legally confusing! So enlighten ..keep it coming.

sanju.baba · Sep 27, 2010 7:37 PM