L1 to F1 COS

[hbadger]

Hi,

 

My wife has received admission from a good university and classes start Sep 23. She works on L1 now. A few questions:

1. Can she apply for COS now? Is it too late? Should she travel outside the country and apply for F1?

2. When should she quit her job? Should she wait for approval and then quit or quit when she receives acknowledgement?

3. I have my I140 approved and have a few years of waiting before i get to I-485. What should my wife's answers be for the following questions on 539:

   a. Has an immigrant petition ever been filed for you or for any other person included in this application?

   b. Has a for I-485 ever been filed for you or by any other person included in this application?

 

Her I20 is ready and I am waiting for your responses before i file COS.

 

Appreciate your help guys.

 

Thanks,
Kiran

[jairichi]

1. It is late as she will not get a COS approval before Sep 23. Getting a F1 visa is the best option.

2. COS approval is almost impossible before Sep 23.

3. a. NO

    b. NO

[t75]

This is an odd start date. Is this a legitimate university?

[hbadger]

Very much - reputed, ranked, etc. Thanks for your inputs.

 

If her L1 visa continues to be valid while she is waiting, can she attend classes? 

 

Thanks,
Kiran

[jairichi]

If her L1 visa continues to be valid while she is waiting, can she attend classes? 

 

Thanks,

Kiran

No.

[JoeF]

Very much - reputed, ranked, etc. Thanks for your inputs.

 

If her L1 visa continues to be valid while she is waiting, can she attend classes? 

 

Thanks,

Kiran

 

Yes, she can, but she would also have to continue working.

It is best to go abroad, get an F1 visa, and enter with the F1 visa.

[jairichi]

Yes, she can, but she would also have to continue working.

It is best to go abroad, get an F1 visa, and enter with the F1 visa.

JoeF, isn't that schools fail to enroll students if their COS is still pending? Any change to that rule?

[JoeF]

JoeF, isn't that schools fail to enroll students if their COS is still pending? Any change to that rule?

 

A person in valid L1 status can enroll. No rule against that.

If a COS to F1 is pending, and the person no longer has the L1 job, that could be an issue. The pending COS keeps the person legal, but the university may not want to enroll the person.

[jairichi]

A person in valid L1 status can enroll. No rule against that.

If a COS to F1 is pending, and the person no longer has the L1 job, that could be an issue. The pending COS keeps the person legal, but the university may not want to enroll the person.

Thanks for the clarification JoeF.