Question about changing back to F-1 status while in the middle of an employment-based green card process as an E-2 employee
I was going through employment-based immigration as an E-2 employee, but due to company circumstances and a strained relationship, I’d like to change back to F-1 status.
The issue is that I already filed I-140, and I’m worried this could show immigrant intent, causing my F-1 change of status to be denied. If that happens, I’d have no status at all.
I’ve asked around, and some people say the F-1 change would likely be denied because I-140 was filed, so I’d appreciate some input.
Strictly speaking, the labor certification (PERM) process and I-140 are handled by the employer, not the prospective employee, so it may not necessarily be seen as showing your own immigrant intent. So if you haven’t progressed to the I-485 stage, it’s difficult to say with certainty that a change to student status would definitely be denied.