I am currently working on H1B for a company. Company has started my Green Card process. They have applied for labor certification and it is still pending (it is under audit process). Now I want to go back to school for full time study, and want to apply for F1 visa. Company attorney said F1 may be denied as a green card in progress shows intention to immigrate.
1. Does a pending labor certificate show intention to immigrate?
2. If 1 is true, can I cancel my Green card process and request the company to withdraw the labor certification filed on my behalf? Would this be sufficient to say I have no intention to immigrate?
3. Is it correct that H1B to F1 will be denied only after I140 has been filed not when labor certification is pending?