Can I file for a student visa after filing I-140 and still safely enter the U.S.?
I’m going through an employment-based case. Not long ago, the labor certification process concluded and I immediately filed I-140. Circumstances came up, and I had to return to Korea.
I’m not sure if it would be safe to re-enter the U.S. after applying for a student visa upon returning.
Filing I-140 demonstrates an intent to obtain permanent immigrant status. The U.S. generally doesn’t want to issue a nonimmigrant student visa to someone who has shown intent to live permanently in the country — this would likely be a reason your student visa is denied.
As additional advice, when re-entering, it’s best to prepare your entry consistent with your green card/immigrant intent theme. Obtaining your green card and entering with an immigrant visa is the most recommended option among your choices.