you can not claim it if you are NRA in any part of 2003( IRS Pub. 970). F1 is NRA for first 5 years, no SS and Med tax, so your LG will pay SS&M after changing to H1b.
Since he change to H1b after 3 years as a F1 holder, he can not claim the tax treaty per artical 19. You can talk his case with IRS officer at www.irs.gov.
Since he change to H1b after 3 years as a F1 holder, he can not claim the tax treaty per artical 19. You can talk his case with IRS officer at www.irs.gov.