Hi,
Thanks a lot for the clarification!
To provide more information regarding my situation: as mentioned in the question description, I am indeed still on the F-1 visa but I graduated from the University and now work as a full time software engineer on the F-1 OPT. Hence, I don't know if I am still a "student/trainee". I have not been transferred to be on a H1B visa yet but I will participate in the H1B lottery every year.
Based on the requirements of filing as NRA after passing PST, it says that "the student has not taken any steps to change their nonimmigrant status in the United States toward becoming a lawful permanent resident of the United States." I don't know if participating in H1B lottery will violate this requirement.
Meanwhile, for my 2021 tax return, I have filed as a RA and received education credit benefits by proving eligibility. Hence, I assume filing as NRA for 2022 doesn't really make sense. Hence, may I ask if I can still utilize the $5000 tax treaty if I file as a RA?
I apologize for any confusion and I hope this clarifies things 🙂
