- F1 indian student starting from June 2015.
- I worked under F1 OPT from February 6th to Nov 9th, 2017. (My OPT started on Feb 4th, 2017
- And then I got approval for H1B, I worked on H1B from November 9th to December 31st, 2017.
- As per today, I am working under the H1B visa status.
I am not eligible for tax filling as resident alien since I haven't fulfilled 183 days of substantial presence test. Neither I can make the first year choice for dual status alien. I will be filling as a non-resident alien (1040NR or 1040 NR-EZ) only. (I came to the USA in June 2015 as F1. So not completing 5-year rule either)
But my question is: Am I eligible to get USA-India tax treaty Article 21(2) standard deduction?
