tax ques,really need help!

1. My hu*****and,a second yr H1 holder, used a 1040NR tax return form instead of 1040 last yr,and got $5000 exemption. I wonder if he was wrong,'cause H visa holders are not regarded as NR(not like F,J,Q visa holders) according to IRS's document.
2. If I'm right,being a resident,can he still take advantage of the $5000 treaty benefit?
3. In the following situation, can he claim me as his dependant and fill as a joint couple?
- I was a student in 2002 and 2003.(F1,self
paid,different city than his)
- sooner after we got married in may,2003, I went
back to China and just came back last month.
- Without considering the marriage, I myself
personally meet the "183-day criterion", but the
actual time we've been together after marriage is
no more than 2 month.

Thank you very much!