I entered the US on F1 visa in August 2004 as an undergraduate. I am still on F1 status as a graduate student. I filed the 1040 NR form until 2008 tax year.

In the tax year 2009:
1. Should I file as a Resident Alien?

2. My university has withheld federal taxes from a non-qualified scholarship (fellowship). This is self-reported income for US citizens; taxes are only withheld for international students. Will I be able to be able to get a refund on this withholding if I file as a Resident Alien?

3. Can the US-India treaty (Article 21-2) deductions be claimed in form 1040?

Thanks a lot for your help and time.

For 2009 you will file resident tax return. You do not get any treaty deduction on the resident return.

Thanks a lot, MukatA