1040NR+8833

From your email I gather you have been exempt under article 19 of the China treaty which applies to teaching. The treaty article would override the normal residence tax computation and you would use form 1040NR and attach Form 8833 to show why you are considered still non resident and able to claim the treaty amount even though you are technically a dual status person under the H visa (183 days in 2003). That is the circumstance if your employment is still of a qualifying type. If you changed your visa because you are no longer in a teaching/research capacity but now working in another capacity then you will be filing as a dual status person. You can use our publication 519 on this site as a guide and you can download the 8833 and 1040NR as well.