I came to USA in Oct 2003 from China, with H1B visa to do research in University.
I never came to USA before that, and did not left after arriving.
China has a tax treaty with USA to get 3 years income tax free.
Can I apply this treaty?
The 3 year is 3-calander year or 36-month?
Thanks!

The China Tax Treaty exemptions do NOT apply for H-1B visa holders In my opinion.

If you meet all the applicable requirements, you should still be able to claim the exemption. You can become a resident and still qualify in this case. Use three actual years, not calendar years.

I will concede to TaxSearcher's greater knowledge in this area!