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eau1230
New Member

I just filed my 2020 tax with form1040. But I'm in my first year of OPT period with F1 visa, full time job. Not sure if I should use 1040NR and how should I revise it?

 
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3 Replies
LinaJ2020
Expert Alumni

I just filed my 2020 tax with form1040. But I'm in my first year of OPT period with F1 visa, full time job. Not sure if I should use 1040NR and how should I revise it?

Very likely you are a nonresident or dual status. If you have filed Form 1040, you would need to amend. 

 

Here are the steps:

 

You would need to submit both the Form 1040-X and Form 1040NR together:

  1. Download the Form 1040-X from the IRS website (see below).  On the front page of Form 1040-X, enter your name, current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)
  2. Do not enter any other information on page 1.
  3. Also, don't complete Parts I or II on page 2 of Form 1040-X
  4. Enter in Part III the reason why you are filing Form 1040X.
  5. Complete a new or corrected Form 1040-NR.  As TurboTax does not support nonresident forms, click here Sprintax.
  6. Across the top of Form 1040-NR, write “Amended”
  7. Attach the new or corrected return (Form 1040NR) to the back of Form 1040-X.

 

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

 

https://www.irs.gov/pub/irs-pdf/i1040x.pdf, page 10 under Residents and Nonresidents

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eau1230
New Member

I just filed my 2020 tax with form1040. But I'm in my first year of OPT period with F1 visa, full time job. Not sure if I should use 1040NR and how should I revise it?

Thanks for your reply!

 

I used to have J1 visa for 2 weeks. And F1 from 08.2016 - 05.2017, then another F1 from 08.2018 until now. Should I still amend the tax file form?

LinaJ2020
Expert Alumni

I just filed my 2020 tax with form1040. But I'm in my first year of OPT period with F1 visa, full time job. Not sure if I should use 1040NR and how should I revise it?

Thank you for writing back with clarification.  That changed my response. 

 

If you stayed in the US for more than 183 days in 2020, you are considered as a resident for tax purposes.  Switching from J to F visa, you do not count days you are present in US  for five years in lifetime.  You are considered as a nonresident for those five year.  Since you have J-1visa once, that counts as one year.  Therefore, there are four more years allowed as exempt.  Based on your info, you would count the remaining four years as 2016, 2017, 2018 and 2019.  Starting from January 1st  2020, if you stay more than 183 days, you are considered as a US resident.  

 

If you have filed a Form 1040 for year 2020, you do not need to amend.

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