Which Tax Form Should I Use for 2024 – 1040-NR or 1040?

Hi everyone,

I’m looking for guidance on which tax form I should use to file my taxes for the 2024 tax year.

  • I arrived in the U.S. in December 2022 on an F-1 student visa.

  • In February 2023, I started working on campus at my university.

  • In December 2023, I applied for asylum. Six months later, I received an EAD card based on the asylum application, which allowed me to work off-campus.

  • In May 2024, I graduated from UAA and received an EAD through OPT (valid for one year). I began working off-campus under this status.

  • I have been continuously present in the U.S. since December 2022 (about 2.5 years now).

  • My asylum case is still pending, and there has been no final decision or court hearing yet.

  • For the 2023 tax year, I filed using Form 1040-NR as a nonresident alien.

My question is:
For the 2024 tax year, should I still use Form 1040-NR, or do I now qualify to file as a resident alien using Form 1040?

Any help or guidance is much appreciated — especially if someone has been through a similar situation!

Thank you!