Since you arrived in 2008, the non-resident alien status is for the 2 calendar year 2008 and 2009. You file a 8843 only as a non-resident alien
The tax treaty is valid for 2 years starting the date you arrive. So from November 2008 to November 2010. However, you can claim a tax treaty as a resident only, if the treaty has an "exception to the saving clause".
If that is the case you can claim the treaty by filing a form 8833.