I was OPT status from Jan 2014 to Aug 2014. My OPT expired in July but my H1b petition was approve in May. So I keep working as the day OPT expires to H1b starts can consider as a sort of gap. At the end of Aug I travelled back to China and got H1b visa only it was pending too long that I came back to US on Dec 29, 2014. It was Christmas and New Year holiday week and most companies were in vacation including mine. So I started working on Monday, Jan 6, 2015. My employer paid me from Jan 6 to Jan 10 during the Dec 28 to Jan 10 pay period. I was ok with that because I did start working on Jan 6. But when I prepare tax, the 3 days from Dec 29 to Dec 31 cause my a lot of trouble, I don't know if I should list it as H1b or OPT because I didn't work and wasn't paid. But list it as H1b cost me $700 less tax refund than list it as OPT because I lose my eligibility to claim the $5000 income treaty between US and China. Can anyone help me? Can the 3 days count as the gap between the time OPT expires to H1b starts?