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I went through this exact same situation two years ago - filed 1040 instead of 1040NR as an F1 student, then panicked when I realized my mistake. Here's what I learned from the experience: First, breathe! This is honestly one of the most common mistakes international students make. The IRS sees this all the time and has a standard process for fixing it. You'll need to file Form 1040-X (amended return) along with the correct 1040NR. Make sure to include a clear statement explaining that you mistakenly filed as a resident when you should have filed as a nonresident alien. The key is being proactive about correcting it. Regarding your H1B concerns - I can personally confirm this won't affect your application. I went through the entire H1B process after amending my tax return and it never came up once. USCIS focuses on your employment eligibility, education, and employer petition - not your tax filing history. The most important thing is to file the amendment ASAP. Don't wait until next tax season. Include any documentation about your F1 status and be prepared that you might owe additional taxes if you claimed credits or deductions that nonresidents aren't eligible for. You've got this! The fact that you caught the mistake and are being proactive about fixing it shows you're handling it exactly right.
Thank you so much for sharing your personal experience! This is exactly what I needed to hear. I've been losing sleep over this for weeks thinking I might have ruined my H1B chances. It's such a relief to know that someone went through the identical situation and had no issues with their visa process. I'm definitely going to file the 1040-X amendment ASAP. Quick question - when you filed your amendment, did you have to pay additional taxes? I'm worried I might have claimed some credits on the 1040 that I wasn't eligible for as a nonresident. Also, did you include any specific documentation about your F1 status with the amendment or just the explanation letter? Thanks again for taking the time to share your experience - it's given me so much peace of mind!
I completely understand your panic - I was in nearly the identical situation last year as an F1 OPT student who filed 1040 instead of 1040NR and then got selected for H1B. The good news is this is absolutely fixable and won't impact your H1B process at all. Here's exactly what you need to do: 1. File Form 1040-X (amended return) immediately with the correct 1040NR attached 2. Include a clear written explanation that you mistakenly filed as a resident when you should have filed as a nonresident alien due to your F1 status 3. Recalculate your taxes using 1040NR - you may owe additional tax if you claimed resident-only credits The key thing to remember is that USCIS and IRS operate completely separately. Your H1B application is based on your employment eligibility, education, and employer petition - not your tax filing history. I went through my entire H1B process after filing this exact amendment and it never came up once. Most importantly, the fact that you're proactively correcting this mistake shows good faith. The IRS sees this error constantly with international students and has standard procedures for handling it. File the amendment as soon as possible rather than waiting, and make sure to pay any additional tax owed to avoid interest charges. You haven't jeopardized anything - you've just got some paperwork to fix. Congratulations on the H1B selection!
Ugh I feel your pain! My 'as of' date has been jumping around like crazy too - went from Feb 15 to March 1, then back to Feb 22, now it's at March 8. I was literally losing sleep over this until someone on here mentioned that AI transcript analyzer thing. Just tried taxr.ai and it actually broke down exactly what each date change meant for my specific situation. Turns out mine keeps changing because they're verifying my dependents, not because there's anything wrong. Finally have some peace of mind! Worth the few bucks just to stop the constant anxiety checking š
Look for ur cycle code once ur transcript shows up. Mine ends in 05 so I only update on Fridays
It'll be on the top right of ur account transcript once it generates. Last 2 digits matter
Same struggle here! š Filed electronically 10 days ago and still seeing N/A on my transcript. Based on what others are saying about the Friday update cycles, I'm gonna wait until this Friday to check again instead of my current hourly refresh habit lol. Really hoping to see some movement soon - this waiting game is brutal!
Could you guys clarify something about the tax treaty between US and South Korea? I heard there's a "saving clause" that basically negates a lot of the benefits for US citizens. Is that true?
Yes, that's correct. Most US tax treaties contain a "saving clause" that allows the US to tax its citizens as if parts of the treaty don't exist. This means that as a US citizen, you can't use most treaty provisions to reduce your US tax liability. However, there are usually exceptions to the saving clause. For example, the treaty might still protect you from double taxation on Social Security benefits or certain pension income. But for regular employment income, you'll generally need to rely on the Foreign Earned Income Exclusion or Foreign Tax Credit rather than treaty provisions.
I went through almost the exact same situation when I was working in Seoul! The stress about potential border issues is real, but I can confirm you won't have problems entering the US. CBP doesn't check tax compliance during entry. That said, you definitely need to get compliant ASAP. I was about 5 years behind on filing when I finally dealt with it. The key things that helped me: 1. Used the Streamlined Filing Compliance Procedures - no penalties if your non-filing wasn't willful (sounds like your case) 2. Filed 3 years of back tax returns using Form 2555 for the Foreign Earned Income Exclusion 3. Filed 6 years of FBARs for my Korean bank accounts Since you've been paying Korean taxes, you'll likely owe little to nothing to the US thanks to the FEIE. The exclusion amount for 2024 is around $120,000, so unless you're earning significantly more than that, you should be covered. Don't put this off though - the longer you wait, the more complicated it gets. Start gathering your Korean tax documents and employment records now. You'll need them to prove your foreign residence and income for the exclusion.
This is incredibly helpful! I'm actually in a very similar situation - been in Tokyo for 3 years and just realized I should have been filing US taxes this whole time. Quick question about the Streamlined procedures: do you remember roughly how long the whole process took from start to finish? And did you need to get certified translations of your Korean tax documents, or were the originals sufficient for the IRS?
Evelyn Kim
welcome to the waiting game fam. grab a seat, we're all stuck here š¤”
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Ryder Greene
ā¢this wait is driving me insane fr
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Yara Sayegh
The 971 code is basically the IRS saying "hey, we're sending you mail" - nothing more, nothing less. Since yours is dated 06-25-2024, you should be getting that letter any day now if you haven't already. The $0 amount is totally normal for this code. Here's what I'd suggest: stop obsessing over WMR and your transcript for a few days (I know, easier said than done š ). Wait for that letter to arrive because it'll tell you exactly what they need or what's happening with your return. Could be anything from simple identity verification to requesting documentation for a deduction. Pro tip: once you get the letter, respond ASAP if they're asking for something. The sooner you send back what they need, the sooner your refund gets moving again. And yeah, the waiting sucks but at least you're seeing movement now!
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