L2 to F1

[newmail1956@gmail.com]

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?

[jairichi]

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.