For applications to change status to H, O and L (Form I-129), F-1 status holders who have filed an I-140 and/or I-485 do not need to worry about the “intent” issue because H and L visa/status allow “dual intent”, which means that a person may choose to return to their home country or may choose to move to permanent residency status in the U.S. The USCIS, as well as the Department of State, do not use intent as a factor at all in adjudicating H-1b and L status and visa application. Furthermore, due to the permitted “dual intent”, the filing or approval of a labor certification or the filing of an immigration petition for an alien shall not be a basis for denying an H-1b, O or L petition, or the alien’s application for admission for H, O and L, change of status to H, O or L, or extension of stay of H, O or L. But if the H, O and L status holders who have filed I-140 and/or I-485 seek to change status to a status that requires a non-immigrant intent like F1, the non-immigrant intent requirement for F-1 status will kick in. Most likely, his/her request for changing status to F-1 may have a risk of denial due to the immigrant intent.
구글링만해도 나오는걸, 답변해주신 분들한테 배은망덕하게 말버릇이..