Me:
Chinese National
2007 all year: F1
Jan 1, 2008 - Sep 30, 2008 F1/OPT
Oct 1, 2008 - Dec 31, 2008 H1B

Can I file dual-status, to get $5000 tax treaty in 1040NR, and get the recovery rebate credit in 1040?

If this is possible, should I file 1040NR and extension for 1040 first, then file 1040 after 183 days substantial presence test is met?

All these have been driving me crazy. Any advise is appreciated.

BTW I am single.

You can file nonresident tax return for 2008. You will not get recovery rebate.

You can also file dual status after you complete SPT in 2009. I am not sure if you will get recovery rebate. You may.

I went through instruction for 1040NR again, under restriction for dual-status taxpayer, it says... you cannot take... the recovery rebate credit...

So the answer to my question is No.