Wife's H4 visa Interview

[sam1984]

I am currently on h1 visa and planning to apply for h4 visa of my wife. i have got my h1b stamped. I statrted working in one company inpermanent fulltime position. When i started working i was on F1-OPT i have remained on f1 for first year of working. I changed my status from f1 to h1 in second year. I hired a tax firm to file my tax return who filed my tax reurn as regular for the first year 1040 form. When i was filing tax return for my second year someone told me have to file non resident alien for F1 period and regular apply only for H1 period. I informed that to my CPA who is not aware of that. He filed the 1040NR for the second year. I just received a letter from IRS that cant process my refund claim since I filed regular for first year. I am not worrird about my refund but I am just worried USCIS will not deny my wife's visa based on this that I have done some tax fraud.
I was really not aware of this matter and I even called IRS how can I rectify my mistake but they told me you cannot change tax return which is that old. IRS only allows you to change tax returns of last 2 years. I dont know what can I do about this. I am really worried about my wife's visa interview which is on next month. Please Reply ASAP. Thanks in Advance.

Sam

[shervin143]

I doubt if they will verify all your tax returns in the past before approving the H4 visa. They might do it when you apply for H1B visa or while filing the immigration petition. The chnaces of this affecting the H4 is less as it is couple of years back.