@Eddie242424 , please note that if you file as a resident for tax purposes, you generally cannot raise tax treaty conditions. It may be safer for you confirm that you had passed the SPT ( Substantial Presence Test ), you have no intention of staying in the USA and there you are allowed to assert treaty benefits.
Based on your visa ( H-1B ) , not having met SPT in 2021 but meeting SPT in 2022, you probably can ask to be treated as a resident for tax purposes ( it still would not allow you to use standard deduction but may allow you to exclude your income for the year 2021 from US taxation.).
As far as W-2 is concerned , you have a choice of
(1) your employer issuing a corrected W-2 ( W-2c ) -- suspect they will be unwilling because it is late and because for W-2 they are required to collect Federal and State taxes )
OR
(2) using the 1042-S and W-2 to essentially create a corrected W-2 for purposes of filing the return --- IRS has both of these on file
Hope this helps.
pk
