Nonresident filing taxes as resident?

Provide more details. How you claim to be resident? how you derive the income?

was it thru investments?
 
filing 1040 instead of 1040nr. income is through simple student job at university. status is student.

most of the time the nonresident filing 1040 instead of 1040nr seems to be actually losing benefits because he/she does not have to pay social security and medicare taxes as residents do.
 
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You can amend the returns filing 1040x for last 3 years. It is not a big issue..Talk to some CPA and he can do for you.
 
Found an answer to a significant part of my own inquiry, if anyone interested. Most international students who have been in the US for more than five years have to file as residents, and most international scholars/teachers who have been in the US for longer than two years have to file as residents, unless they intend to return to their country (in that case they can file as nonresidents). See http://www.istaxes.com/taxes/who.html
 
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I know this forum is not for these kind of question but if someone can help me, does H1 B visa holder is count as resident or non-resident for tax purposes?
 
H-1 B visa holders: You are not exempt from the substantial presence test unless you are present in the United States on an F, J, M or Q visa. Therefore, you are a U.S. resident in the current year for tax purposes if you meet the substantial presence test, beginning on the first day you are present in the United States. You are not considered present in the United States while you are here on an F, J, M or Q visa. http://www.thetaxguy.com/faq.htm#four
 
amishah said:
I know this forum is not for these kind of question but if someone can help me, does H1 B visa holder is count as resident or non-resident for tax purposes?
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Everybody who gets income in the USA has to file income tax return. If you paid taxes you may be eligible for a refund.
 
brooklyn2000 said:
Everybody who gets income in the USA has to file income tax return. If you paid taxes you may be eligible for a refund.
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Yes, but the two returns (resident vs. non-resident) require different types of income to be included/excluded, and have different deductions.
 
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