help in changing from L2 to F1

[ravirabi]

Hi,

I am currently in US and on L2 visa. My L2 and my wife's L1 will be expired on june 22nd of 2012. I approached an University to change my status to F1. I got admission as well.

my questions are

1. i have my I94 until 2014, can i legally stay in US while my F1 application will be in pending status?

2. My L2 will be expired on June 22nd, does it mean i have to leave the country and get it stamped in india and come back?

3. will it be considered as illegal stay if my F1 gets rejected ?

please help me at your earliest convenience

Thanks
Rav

[kabkaba]

First of all I-94 determines you duration of stay, Visa expiry does not matter.

Change of status needs to be filed before I-94 expires, as long as that is done you can remain in the US even after I-94 expiry until COS remains pending.

[shervin143]

1. i have my I94 until 2014, can i legally stay in US while my F1 application will be in pending status?
>>> Not unless you have a valid L2 I-94 or you have the L2 extension pending. Unless the request for COS to F1 effective date is before the L2 I-94 expiry date, the COS might not get approved. It might get approved for consular process.

2. My L2 will be expired on June 22nd, does it mean i have to leave the country and get it stamped in india and come back?
>>> When is your requested F1 effective date? If it is after June 22nd, then YES.

3. will it be considered as illegal stay if my F1 gets rejected ?
>>> The time spend in U.S after the current I-94 expiry date will be treated as illegal stay unless the COS or extension comes with a new I-94.

[ravirabi]

My wife would be leaving by June 22nd. I am applying for F1 by june 1st. I dont know how long will it take to be approved. her extension will be over by june 22nd as well. but our i94 is valid until 2014.

Can I still stay when my F1 application is in pending status?

Thanks for the help

[shervin143]

You cannot. You will go out of status on L2. Until the F1 gets approved as a COS, you will remain to be in L2. There is no L2 without a valid L1. If your wife leaves U.S or stops working for L1 employer, you are no longer in L2 status.

My wife would be leaving by June 22nd. I am applying for F1 by june 1st. I dont know how long will it take to be approved. her extension will be over by june 22nd as well. but our i94 is valid until 2014.

Can I still stay when my F1 application is in pending status?

Thanks for the help

[Adip]

We have a similar but slightly complicated case.

My spouse on L2 and pursuing higher ed and is in middle of a Semester in a Masters program, where she cannot opt for classroom absence.

We have all applied for i-485 change of status and have EAD + AP for the last 90 days.

Given the economic climate, my employer may ask me to return to India while i-485 may be transferred for consular processing.

What will happen to my Spouse's case? In 15 days notice can my spouse apply for change of status from L2 to F1?

What options are available to us? Our 1-94s are valid up to May 2014....but if company withdraws support it is highest risk to us....

[shervin143]

Leave the country, get the F1 stamped and return back in F1 visa. That is the quickest.

We have a similar but slightly complicated case.

My spouse on L2 and pursuing higher ed and is in middle of a Semester in a Masters program, where she cannot opt for classroom absence.

We have all applied for i-485 change of status and have EAD + AP for the last 90 days.

Given the economic climate, my employer may ask me to return to India while i-485 may be transferred for consular processing.

What will happen to my Spouse's case? In 15 days notice can my spouse apply for change of status from L2 to F1?

What options are available to us? Our 1-94s are valid up to May 2014....but if company withdraws support it is highest risk to us....