If F1 visa holder filed tax return online and has received the refund as well, do they need to amend the return filed?

If you worked and were not supposed to work you still owe the government a tax return. You need to discuss the affect this will have on your immigration status with an immigration attorney.

Attorney Lively is correct. If this is not based on refundable credits, and is instead related to income earned, amending the return would not solve your problem. This will only cure the issue of credits you were not supposed to receive. You still must report income and talk to an immigration attorney about the fact that you worked and were not supposed to. Christopher Larson www.bellevue-tax-attorneys.com www.insightlawfirm.wordpress.com

Yep, you have to file, even if your earnings were illegal.

I run into this type of question all the time, as I manage an IRS VITA tax preparation site for nonresident returns in Houston, TX. I presume from the question that you filed Form 1040 EZ 1040A or 1040 online, and not 1040 NREZ or 1040 NR. As an F-1 nonresident student, you are exempt from the substantial presence test for 5 calendar years, and are required to file correct returns as part of your visa requirement. If you filed a form 1040, and should have filed a form 1040 NR, then you need to file an amended return Form 1040X with a correct Form 1040 NR (or NR EZ) attached to it. Although nonresident students often file the incorrect form, and therefore often obtain a refund to which they are not entitled, the IRS enforcement of these returns is very lax. However, even if the error is not detected by the IRS, you may have a problem if you ever apply for permanent residency and have to answer the question have you complied with all us tax laws? In your case, you would then be put in the position of having to lie under oath if you say yes. It is better to do things right, and file an amended return now if necessary.