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L1 Extesnion to F1

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  • L1 Extesnion to F1

    Hi Team,

    Scenario 1:

    I am planning to get my visa stamped on L1 extension during Jun 8th - 10th 2011 in home country and travel back to US in first week of July.

    Work till August 15 and join full time 2 years course in college on August 25th 2011.

    When do you suggets me to apply for my for change of status from L1 to F1 ?

    Sceanrio 2 :

    While applying for L1 to F1 change status - I have approved PERM application approved ( yet to sign Form 9089 )

    Considering the above suituation ,
    Is it good to sign Form 9089 and apply for I140 ?
    or Drop the idea of proceeding further in GC process with current employer ?
    or Is it allowed to transfer the approved PERM application to college or anything else ?

    if my above 2 scenario or question not clear do please rasie the question i will try to answer in detail.

  • #2
    You can apply for change of status to F1 after you return from home country in L1 status.
    Even if it is pending you can leave your job (after it is received by USCIS) and start studies after it is approved. However you cannot accept assistantship or on-campus employment until change of status is approved. If denied you will have to leave the US and return with an F1 Visa.
    Having an I-140 filed for you implies that you will have to answer yes to whether an immigrant petition has been filed for you on any change of status or visa application. This creates a risk for change of status or F1 visa application. Having just PERM approved does not create this risk.
    This is my opinion and not legal advice.

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    • #3
      Kabkaba,
      Thanks very much for the clarity. From you reply , I could understand there is chance for denial in change of status from L1 to F1.

      Comment


      • #4
        As I said posted earlier ,
        Got L1 stamped in home country on Jun 8th and entered US with L1 on July4th .
        USCIS received my petition of extension or change of status I539 for L1 to F1 on July 14th .
        Joined College on Aug 25th and quit company on Sep 09th
        Received Request for Evidence on Sep 15th.

        What are all the evidence should I need to submit ?

        Regards
        Elango

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        • #5
          What does the RFE ask?
          This is my opinion and not legal advice.

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