L1B with approved i140 to F1

[Gatt]

I am an Indian national and have lived in the US for 4.5 years on an L1B visa. Within this time, my company started my green card process and I have an approved i140. I recently had change of plans and got accepted into a top 20 bschool. My company wanted to apply for my H1B visa this year, but I asked them not to since I need to go back to India to get an F1. With an L1B visa (expiring end of July, 2020 and classes starting at the same time) and approved i-140, what are my chances? I am willing to revoke my green card status to convince the visa officer in India of my non-immigrant intent, but since my i140 has been approved for more than 6 months, I would never lose my priority date. So basically revoking would not lead to anything legally. I know a few people who have gotten F1 in India with an approved i140 and have spoken to them. They were never asked any questions around this.  Your thoughts on this are much appreciated. 

[User099]

Every case is treated on its own merits, so just hope for the best. Your chances are 50-50. 

[adshah84]

Revoking I140 will not help you. Be prepare for all the questions and you should be good. 

Best of luck. 

[MurthyIndia_Lawyer]

Hi!

Congratulations on being accepted into a top B-School!

You may already know that it is extremely important to establish your strong non-immigrant and ties to your home country, among other parameters, to receive a favourable outcome on your application for F1 visa.  Your past tenure in the U.S. pursuant to L1B status and the fact that you have an approved I-140 make this difficult, albeit not impossible. A consultation with a qualified and experienced Immigration Attorney prior to applying for the F1 visa should help you to put your best foot forward.

Should you need help, you can reach us on info@murthyindia.com.