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NeedInfoHelp- Wife's H4 Visa

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  • NeedInfoHelp- Wife's H4 Visa

    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 in permanent 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.


  • #2
    best is to consult an immigration lawyer and ask CPA too.