Hello, Please help me:
I am a RN (registered nurse) with bachelor degree in nursing and now in F1(OPT) working in New York. I have applied for 140 and got the approval recently. Because of the problem of priority date for EB3, I cannot submit 485 right now. My OPT will expire on July 31. In order to have a legal status, I am planning to apply for admission to a school in August to keep F1 and wait for the priority date to be current to submit 485 and EAD application.
The problem for me is:
I140 has the immigration intent. F-1 is non-immigration visa. So, after the approval of my 140, can I continue to keep the F-1 status? I know it is OK for H1B to have the immigration intent. But how about F1 with the 140? If I go to school in August in order to keep my a status, am I legal or out of status because of the approval of 140? I am really frustrated with this issue. Thanks very much!