F-1->OPT->H-1B tax filing for 2009

[honeybunches]

Hello All,

My status follows:

1. F-1 from Aug 2006 - May 2009
2. Start working on OPT in July 2009
3. Employer filed for H-1B and approved (filing was done in the mid June-July timeframe)
4. H-1B from Oct 2009 - Dec 2009

My queries follow:

1. I am confused whether I should be filing (2009)under the dual status or file the form 1040NR and 8843 since I do not pass the Substantial Presence Test
2. My prior tax filings were done online(2006,2007,2008). I visited a registered tax consultant/preparer in 2007 and he said it was OK for me to file online(1040A). Its only this year that I realize that I had to file the combination of 1040NR and 8843. Do I need to file amendments for all the previous years? IF so what is the course of action and what are the forms I need to file?

Any guidance is seriously appreciated.

Thanks

[Atlanta Tax Guru]

I assume that you are single. Since you are single, you will file Forms 1040NR-EZ and 8843 one last time, plus the applicable state tax return.

To amend the previous years' returns, you need to file Form 1040X and attached properly-completed Forms 1040NR-EZ and 8843.