To get an F-1, you must not have immigrant intent. A labor certification suggests immigrant intent.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Mr. Ferrari is correct ... where is your non-immigrant intent?
You can go ahead and 'try' to file a COS.
I would clearly NOT leave the US at all .. until the I-140/I-485 is filed.
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