Should I delay amending tax return until I have received H1B visa?

Lily Fang

New Member
As a non-resident alien, I have to file tax using Form 1040NR. However, I was not aware of this rule when I filed tax for year 2016 in February 2017. The professional tax preparer, of whom I used the tax filing service didn't know about this rule either, hence processed my tax filing on Form 1040. Now that I know about the wrong status filing, I would like to amend my tax return. The problem is I plan to apply for H1B visa in April 2019. I'm afraid that if I send the amended form now, it may take a long time for the IRS to process and in the worst case, I might get audited by IRS, which might lead to delay or denial of my H1B. I'm considering to wait until I have received H1B and send the amended tax return by then, but I'm afraid that is illegal. Should I go ahead and amend RIGHT NOW or wait till I get H1B? If I wait, is that considered fraud?


New Member
If you hold work visa like H or L, you may need to get the re-stamping done for the extension of your expired visa. Re stamping can be done at any US consulate outside of USA. While some neighboring countries allow you to do re-stamping for foreign nationals.