Dr. William:

I am a PhD student with F1 visa, and had submitted the I-140 application in EB1-EA category two months ago. My question is: can I travel to my home country during my Green Card application as F-1 student? Thanks.

    

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A:

F-1 visa is a non-immigration visa, the F-1 holder should maintain a nonimmigrant intent throughout their nonimmigrant stay in the U.S. 

Generally, the nonimmigrant's evidence of immigrant intent, such as Green Card Application, make them difficult to enter the U.S. on a F-1 visa status (with the exception of H and L visas)

Also, a filing of an I-485 application may make it difficult, if not impossible, for the F-1 nonimmigrant to prove a nonimmigrant intent and seek a new admission to U.S.