1. F-1 application requires the applicant to have nonimmigrant intent
A reader asks:
I hold H-1B status but have been laid off, and I am now in the grace period. I had already filed an I-130 before, so I have immigrant intent; but my I-485 priority date has not yet become current. If I cannot find another employer, one possible option is to change from H status to F visa. However, F visas require no immigrant intent. What should I do?
Alan Lee Esq. answers,
Sometimes an applicant can only go with the choices which are available to him or her, and if a change of status from H to F is the best option, the applicant would go with the option.
You’re correct. F-1 applications require the applicant to have nonimmigrant intent. Therefore, U.S. Citizenship and Immigration Services may indeed require you to prove that your stay in the U.S. is only temporary.
At that time, you will need to bear the burden of proof to demonstrate that you maintain close ties and ties to your home country, such as family, employment, or assets, and explain that if your legal stay on the F-1 visa expires and you haven’t completed immigration proceedings, you are willing to return to your home country.