Should I file form 3520? Will it be any problem if I file 3520 when I don't have to, as I am a non resident alien?

[Kikio]

For year 2017, I was on F1( I hold F1 for less than 5 years so far) and doing my OPT. I also applied H1B, but my application was pending on the last day of 2017 and is not approved yet. 

So for tax year 2017, should I file as non resident alien or resident alien? If  non resident alien and if I receive more than 100K in 2017, should I file 3520?( I heard that if you file 1040NR as non resident you don't need to file 3520, will my appliction for H1B alter this rule?) Will it be any downside if I just go ahead file the form when I don't have to(as non resident alien) or when I am not sure if need to?

[bine22]

Only US persons are required to file form 3520. As a nonresident alien you are not a US person, so you are not required to file that form. Your H1B application does not change that, as the application for or the granting of a visa does not make you a resident alien, only the number of days of presence or an election to be treated as resident alien does