L1 to F1 for me, L2 to H1 for my spouse

R

rohurestu

Registered Users (C)
Hello,

I am on L1 visa currently working in US and have been admitted to a prestigious university for MBA. I have obtained the I20 from the university which states that I have to enter the US by 1st of Aug 2010.

My spouse is on L2 visa with EAD and is currently working. Her company is willing to sponsor H1b for her.

My situation - if i request change of status from L1 to F1, can my wife continue to work till Oct (or till her H1 is approved) ?
Both our current visas/I94 are valid till end of the year and so is her EAD.

Please suggest what would be the right way to proceed.

Thanks
Rohan
 
The moment you no longer have L-1 status, she will not have L-2 status. Her EAD is based on the fact that she has L-2 status.

rohurestu said:
My situation - if i request change of status from L1 to F1, can my wife continue to work till Oct (or till her H1 is approved) ?
Both our current visas/I94 are valid till end of the year and so is her EAD.
Click to expand...
 
Triple Citizen said:
The moment you no longer have L-1 status, she will not have L-2 status. Her EAD is based on the fact that she has L-2 status.
Click to expand...

Thanks for reply. I understand that the moment I lose my L-1 status, she would lose L-2 status. My question is when do I lose L-1 status? Is it when I apply for change of status or when the application of COS is approved? (which could take upton 3 months according to processing times posted on USCIS - by then by wife could have obtained her H1 approvals)
 
Thanks you Mr. Ghori.

So I might potentially have a small window of opportunity that would work in my favor.
 
But - you will not be a student until COS is approved. This will be an issue for your registration at school. Simply applying for F-1 will not allow you to participate in activities requiring that you be in F-1 status. It works both ways. If you are using the delay so your wife can work, you lose the ability to use F-1 during that time as well.

Going for stamping is the fasted way to get to F-1.
 
Concerned4us said:
But - you will not be a student until COS is approved. This will be an issue for your registration at school. Simply applying for F-1 will not allow you to participate in activities requiring that you be in F-1 status. It works both ways. If you are using the delay so your wife can work, you lose the ability to use F-1 during that time as well.

Going for stamping is the fasted way to get to F-1.
Click to expand...

I checked with my school and they said that as long as the COS is pending with INS I am permitted to attend all the regular activities.
 
Are you WORKING? If you are not performing your L1 duties, you are out of status, and your wife is also out of status. Change of status when out of status can be an issue. Working on what would be appropriate F-1 (TA/RA) will not be proper if waiting for COS.

You need to consult an attorney as I believe that your attempt to use the COS delay to have you wife work in L2 until Oct 1 when you are not working as L1 is a potential significant issue in your future USCIS matters. Illegal work is generally viewed as a serious offense; you wife needs to stop once you and she are out of status. She should be doing an intermediate COS to F2.

The school may have addressed your issues but not your wife's
 
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Dear Concerned4us,
I am happy to share with you that my wife obtained her H1B while I moved on to my F1 student status without having to travel to country of origin for visa stamping.

RR
 
Getting a COS is easier than future immigration processing. IIWY, I would worry if her work history overlapped your school attendance. Remember, just because an unusual situation was passed by one adjudicator does not mean another will also do so.
 
Dear Concerned4us - I am happy to share with you that both my wife and I have obtained the visa stamping too.
 
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