Which form to select for Tax - 8233 or W4?

[PPrasad]

Dear Expert,

I am a F-1 Visa student (from India) and will start working full-time on my first OPT in US. I am married and my husband is on F-1 visa too but he is still in school.

While filling the pre-employment documents, I have been asked to take Federal Survey with following optiions:

1. Foreign Earned Income Exclusion - I expect to qualify for foreign earned income exclusion under either bona fide resident or physical presence test for calendar year

2. Nonresident Alien - I am exempt from withholding on compensation for independent (or eligible dependent ) personal services of a nonresident alien individual Instructions for Form 8233

3. I want to continue in English

Option 2 leads me to form 8233 (asking Treaty name and article number information) and option 3 leads to Form W4 (which says that I have to apply as single even if I am married)

I am confused which option is applicable for an Indian F-1 Student and any guidance would be hoghly appreciated.

Thank you in advance,

[KurtL1]

Because you are here on a F-1 Visa, you are required to file a FORM 1040-NR - U.S. Nonresident Alien Income Tax Return. You do not file this form with the Married Filing Jointly filing status, The form is for a an individual. That is why you were asked to indicate on the Form W-4 as Single.

The treaty that you are under the treaty between the United States and India in ARTICLE 21 Payments Received by Students and Apprentices. See Treaty between U.S. and India.

[PPrasad]

Thank you Kurt for the quick response. 

My query is which form shall I select in Federal Survey? If I select Nonresident Alien option (option  2), it ask me to fill Form 8233. And if I simply continue (which is option 3)  it ask me to fill Form W4.

Best Regards,

[KurtL1]

Per Article 21 of the treaty, a student or business apprentice who is or was a resident of one of the Contracting States immediately before visiting the other Contracting State and who is present in that other State principally for the purpose of his education or training shall be exempt from tax in that other State, on payments which arise outside that other State for the purposes of his maintenance, education or training.

If this is the income that pertains to you you should select Option 2.