My opt ends in dec and my employer has applied for the form 9089 before filing the I140. I am going back to school fulltime can i drop school

Without any problems, the 9089 PERM labor certification process takes approximately 8 months. Generating a receipt for the I-140 takes approximately 3 weeks. Unfortunately for you, receiving a receipt for the I-140 does not keep you in legal nonimmigrant status. Unless you are also able to file for form I-485 adjustment of status, you would be effectively out of status once you drop out of school. You would then be ineligible for change of status to H-1B although you could conceivably have the petition approved and pick it up outside the US. I also note that even if you were able to file for I-485 adjustment of status, that action would place you in a quasi legal status and not legal nonimmigrant status. You would still then be ineligible for change of status to H-1B and again have to pick it up outside the US.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.