H1B to F1 COS with LC Approved but I 140 NOT Filed

[einsteinsguru]

Hello. I had a couple of questions:

1. My Labor Certification has been approved but I-140 has not been filed yet.I intend to apply for COS from H1B to F1 next year. Is it better to refrain from filing I-140 to improve chances of getting COS or intent to immigrate has already been established and it doesnt matter?

2. If LC is approved but I-140 has not been filed, should one check "NO" for "Has an Immigrant petition ever been filed by you" in Part 4 (3b) of I-539 (COS) form?

Am in a dilemma and would really appreciate any help with the matter.

Thanks in advance!!