485 期間H1是否還可以填報1040NR

my 140 was approved with 485 still pending. I used AP to go back to China once. According to the tax treaty 19 (professor and resesarcher), my university didn't withhold my federal tax last year. Am I residence alien or nonresidence alien? I am going to file tax return for 2003, in my case, may I fill form 1040 NR?