COS from L1 To B2 for family Pending, now spouse got F1 stamped - questions

rj16

By rj16,
in Non-Immigrant Issues

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rj16 Newbie

rj16

Posted
Posted

Hello Experts

 

 

 

I hope you'd be able to clarify my questions and am at a critical point

 

to take any necessary action due to close timelines...

 

 

Thanks in advance for your help and appreciate an early response very much !!

 

 

 

Briefly, my situation is :

 

  • I applied for a change of status in Oct 2015 from L1 to B2 (when my employment on L1 ended)  and included myself, my wife and 2 dependent kids in the same I-539 application.

    Still awaiting the outcome on our COS application.

  • Subsequently my wife got admission to MS study and she travelled to our home country (India) along with one of my kids and they got their F1 and F2 stamped at US consulate.

    Whereas I and my other kid stayed back and still in the US.

     

 

Now I’d like to request the following questions  answered :

 

  1. Is my COS application still active, even after my wife and a kid travelled out of US ?

     

  2. If COS still active, can I request USCIS to withdraw the change of status ONLY for my wife and the kid, who travelled to India ? Because we don’t want their status changed to B2, as my wife/kid are travelling to US the coming week-end and wife setup to start her MS study next week.

  3. If withdrawing only a subset of the names from COS application is possible, what's the procedure to do this ? A plain letter to USCIS would do ? Or is there any particular form ?

  4. If COS is considered abandoned when they both left the US, are I and my other kid in the US accruing unlawful presence since the time my wife/kid left the US?

  5. Given our current situation, can I file another Change of status to change my and other kid (in US) to F2 status (now that my wife has got F1 stamped) and in the same COS application cover letter , request the status of my wife and the kid (who travelled to India) to NOT be changed, but change only mine/other kid to F2.

 

Thanks again for your time!

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jairichi Advanced Member

jairichi

Posted
Posted

1. Yes, only for you and kid that did not travel. For others it is considered abandoned due to their travel.

2. Refer 1.

3. Refer 1.

4. You are in legal status in US based on your pending B2 petition.

5. You and the kid that did not travel outside US can request for COS to F2.

 

I have a question. Does your spouse have enough resources to support the whole family by being on F1?

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rj16 Newbie

rj16

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Thanks jairichi and pontevecchio for your responses, appreciate it very much !

 

I have a question. Does your spouse have enough resources to support the whole family by being on F1?

 

Yes, has got the required support.

 

I would strongly urge you to involve a Lawyer in your situation. If it is the case that your spouse is admitted to a very eminent institute of learning then have a Lawyer file your COS to F2. What is your long term/exit plan?

 

Yes, talking to an attorney.

Most likely may leave the country after the completion of course.

 

However, I have this question :

Will my current situation or if I get my status changed to F2 (either through COS or stamped outside US) have any impact on my future visa application (say if I applied for H1B later) or entering the country ??

 

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rj16 Newbie

rj16

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Thanks much, pontevecchio for your response!

So I take it that while my spouse is on F1 and if I change my status to F2 and remain in the country, my current situation

itself shouldn't pose any issues to my possible future H1 petition. Pls correct me if I got it wrong.

 

thanks again.

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