Posted by: bkshres March 5, 2011
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If you read IRS instruction carefully, 6 months / 183 days rule does not apply to those in F1 / J1 visas. So, legal rule for students is to file non-resident tax return.
However, so far I found that IRS and Immigration does not talk with each other well. These are two different departments. I have seen people working legally getting green card without any issue.
Regarding problem mistakely filed regular tax when you are students, lot of Nepali students do this. You will get more refund you file regular tax return 1040. Will IRS do anything? It depends if you are one of those unlucky one to be selected for audit.... if you are in audit, it might be a problem else should be fine.
However, so far I found that IRS and Immigration does not talk with each other well. These are two different departments. I have seen people working legally getting green card without any issue.
Regarding problem mistakely filed regular tax when you are students, lot of Nepali students do this. You will get more refund you file regular tax return 1040. Will IRS do anything? It depends if you are one of those unlucky one to be selected for audit.... if you are in audit, it might be a problem else should be fine.