Hmm, well, per this definition @LinaJ2020, I do not meet the SPT then:
Number of days in 2019 = 37
1/3 Number of days in 2018 = 108
Therefore, I am about 40 days short of the threshold of passing the SPT. So, should I file a 1040NR then? And again, should I now be a non-resident for the entire 2019, or am I a dual status?
I also want to mention that I have a pending immigration petition with USCIS as of January 2020. Would it look weird if I file as a tax non-resident while having a pending immigration petition (I believe these cannot go together if I am claiming the so-called Closer Connection to Foreign Country, but this is a different matter I suppose).
