L2 to F1


Recommended Posts

I am currently working on L2 with EAD and planned to join a college.

My spouse has filed for H1b this year which is in initial review status

Below are my questions

1. When can I file my F1? After my spouse H1 is approved or now? I want to continue my job till October 24 at least.

2. If I file F1 now and in case my spouse H1 is denied, can I cancel the

F1 application as in that case I want to remain in L2 itself.

3. Can I join the college now in L2 and later once my spouse H1 is

approved can I move to F1. Will I be out of status between the period till F1 is approved?

Link to comment

1. You can file now. It will be highly unlikely to be approved before Oct 24th as based on current processing time it takes 3 to 4 months.

2. You can request USCIS to withdraw your COS to F1 application. But, rarely USCIS withdraws it. If F1 is approved then you will have to exit and enter US with a valid L2 visa and a copy of your spouse's I797.

3. Yes, you can study on L2 and move later to F1. As long as a COS petition is filed before your spouse loses his L1 status and moves to H1B you are fine.

Link to comment


This topic is now archived and is closed to further replies.