Going for F1 stamping (with prior I-140 approval while I was on H1B)

[radha81]

Hi,

I was on H1B from 2006 to 2012. During this time my company filed an I-140 for me which was approved. Before my priority date was current, I decided to quit my job to pursue a PhD degree. Hence my immigration petition became void due to my resignation from my company. I then briefly switched to H4(6 months- Feb 2012 to July 2012) before applying and receiving my change of status to F1. The F1 change of status was approved in August 2012 and I have been attending university for a year now. I plan to travel to India and I will need the F1 stamped. Since F1 is a non-immigrant visa and I have showed an intent to immigrate(I-140 filing) while I was on H1B, does that qualify as grounds for rejection? Anybody have any similar experiences?

Thanks,
Radha.

[kabkaba]

You need to mention the I-140 in answer to the 'has an immigrant petition ever been filed for you' question. Unfortunately, that will affect your chances of getting the Visa. You can tell them that the I-140 has been withdrawn/revoked and you have no intention of immigrating to the US (assuming that is the case). You will need to provide additional evidence of ties to home country such as family, property etc. Be confident and truthful.