Applying for another new F1 visa with approved I-140


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I completed my masters in the USA in 2020. I used my CPT and OPT entirely. Unfortunately I was not picked up in H1b and so I left the USA on June 15, 2023(far before my EAD expired) and entered Vancouver, Canada.
Now I am in India for family reason leaving Canada. I am planning to go back to USA for PhD so that I can get again all the CPT and OPT benefits. But the problem is my past employer already filed my I-140 while I was working with them and it’s already approved. Now if I apply for F1 visa for my PhD and appear for the interview at USA consulate office India, will there be any issue as I already have approved I140?

Two strong points I have that, I left the USA far before my EAD expired (EAD expiration date was Jan 18, 2024 and I left USA on June 15, 2023) and I didn't choose the day1 CPT option either. So I can convince visa officer that I didn’t have any intention to stay permanently in the USA and so I left the country far before my EAD expired. Please help me.

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It still may be possible to obtain the F1 visa but you will need to show evidence of your intent to return to home country after the completion of the program and your strong ties to your home country. You may want to reach out to our Murthy India affiliate office (www.murthyindia.com) for help applying for the F1 visa despite having an immigrant petition.

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