Hi,

I first came to US in 2011 so I'm non resident alien in 2014.

In 2014, I was working as OPT until end of Aug then went back to China to obtain H1B visa. (My application for H1B was approved in May.)

My visa was under administrative processing for almost four month and was cleared right before Christmas holiday so I returned to US with H1B visa on Dec 29.

Since it was still holiday, my company told me my work starting date is Jan 5. So I was paid the week of Jan 5 even though pay stub shows payment period also includes the week of Dec 29.

So for the 3 days from Dec 29 to Dec 31 I didn't work and wasn't paid. My income in 2014 was completely from OPT.

Am I still eligible for US/China Treaty of $5000?

Yes, you are still eligible for the $5,000 treaty exemption.

If you need professional help to file your return, please email me at the email address in my profile.