Hi,

Here is my situation...

I entered into US in Aug-08 on F-1 Visa.

I started working on OPT after my study. And after words I got my h1b.

OPT APR-2010 To SEP-2010 (got 1099-MISC)
H1b OCT-2010 To DEC-2010 (got W-2)

Now I am confused with what form I can use 1040 or 1040NR

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If I fill 1040NR , As India Treaty I get Standard deduction $5700 + Personal Exemption ($3650)

Can I show my wife as dependents?

What expenses I can show against my 1099-MISC

If you are single, file nonresident tax return. You can claim treaty deduction as you have income during F-1 or OPT.

I am married. When I ask my friend he says you can not file 1040 and you must have to file 1040NR as you are Non resident as per the IRS rules.