Hi,

Below are my specifics

F1 - Aug 2006 - Sep 2009.
H1b - since Oct 2009.

I have read the IRS publication 519 and it seem like I qualify as non-resident alien, but I am not 100% sure.

Can some one please explain it to me why would I qualify as non-resident alien.

I hired a tax consultant who wants to file as resident alien, but I am little skeptical about his judgement.

Any suggestion/help will be appreciated.

KM

If you are not married, file nonresident tax return and Form 8843 as you have not completed substantial presence test in 2009.

Thanks for your quick response.. also should I be going for 540NR for CA state tax?? I have been in California since 2006

No, you are resident of CA.
Even on F-1 if you live in CA, you are part year or full year resident of CA.

I have been filing 540NR since last 2 years, do I need to correct that?