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I’m currently enrolled at a flight school on F-1 status. I’m considering filing for EB3, but I have a concern.
Could a denial during the LC and I-140 process, or simply the fact that I went through those two filings, cause a problem for a future OPT application? I need OPT to work, and I’m worried about the negative effect of having officially shown immigrant intent.
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Filing I-140 shows immigrant intent, which conflicts with the nonimmigrant intent behind holding F-1 before OPT. It’s also premised on the idea of short-term training with the intent to eventually leave the U.S. So if USCIS becomes aware of this conflict, it could cause a problem during or after the OPT application process. It’s fine to prioritize applying for OPT first, and pursue EB-3 afterward.