Dear Expert:

I came to US in 2005 with F-1 visa. I got my OPT in October 2006 and got my H-1b visa February 2007. Now which form should I file? IRS mailed me a 1040 NR form but when I was using a free software online, it generatee a 1040 form for me. I emailed that company about my situation, they said I can fill a 1040 form. And according to the brochure IRS mailed to me, it seems that I do can be counted as Resident Allien for tax purpose, so, I gues maybe I can fill 1040 like the US citizen do. But after I read more articles online including a lot of info from this website, I got very confused. My income total for 2007 is 45,000. I am single. Chinese citizen. Got about 1,000 tax refund for 2006b/c I was still a student and have the tax treaty benefit. But I am not sure about do I still have treaty benefit as a H-1b visa holder and how much is exempted?

For 2007, you are Dual Status-- nonresident before you got H1-B and then resident.

On your nonresident income, you will get treaty benefit. You will also file Form 8843 with your Dual status return.