Help: Federal tax: F1-OPT-485 persistence2005-03-07 04:14:28

I have a question concerning the federal tax return for 2004:
I am in OPT from Dec 15/2003 and changed to H1 on Dec 14, 2004. My 140 was approved on Nov 02, 2004, and 485 was submitted on Oct 29, 2004.

I came to USA in August 2000.

So my question is: am I still eligible for the $5000 tax exempt for the year of 2004 based on the China-US tax treaty?

I checked the website of IRS, and my resident status time is only 17 days (H1) for last year. Since my 485 has not been approved yet, I does not meet the green card test. So it seems that I can still enjoy the $5000 tax exempt.

Your help is highly appreciated!