Does "immigrant intent" prevail if I withdraw an ongoing I140 or a I485 (EB3)?

[jay1922]

Hi! Please imagine this scenario: I am on EB3 process ROW with I140 approved, and I485 ongoing, and got into a top 10 MBA with a scholarship that doesn't carry over (so I can't delay the MBA).

I worry about F1 not being approved since the immigrant intent from the I140 is there.

Would I have any issue getting an F1 if I withdraw my I485 application and leave the US to my home country in Europe until MBA starts?
How long does the "immigrant intent" prevail? Am I basically gonna be affected any time I travel to USA in the future no matter what?

Thank you

[ohmygc]

Looks like you can go to school even on H1-B, so you do not have to change visa to F-1 and disregard your immigration intent.

Be careful with your moves, not to risk your immigration process, as it may be abandoned.

Some good reads:

http://hammondlawgroup.com/healthcareblog/2015/06/12/can-i-get-an-f-1-student-visa-if-i-have-an-i-140-petition-pending-or-approved/

https://gmatclub.com/forum/h1b-with-i-140-approved-to-f1-262533.html

https://www.avvo.com/legal-answers/change-of-status-from-h1b-to-f1-while-i-485-is-pen-3297369.html

[cuberube]

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