L2 to F1, Please help!

[ankitpansari15]

My spouse is travelling on L1 by June end. I have an admission from a university in IL state. Please help me with below mentioned queries:

1) If I travel on L2 with my spouse, can I study on L2 in US?

2) If I want to change my Visa from L2 to F1 in US, what is the probability of the conversion and what is the process of doing it. Shall I have to come back in India to appear for F1 interview?

3) Till my Visa status is L2, Can I get a job as internship/part-time and work in US?

4) If my spouse work in same state in US where my university is, Am I eligible for In-state tution fees or as Non-immigrant tution fees in the university?

I would really appreciate a help in this regard. Thank you very much in advance!

[kabkaba]

My spouse is travelling on L1 by June end. I have an admission from a university in IL state. Please help me with below mentioned queries:

1) If I travel on L2 with my spouse, can I study on L2 in US? -- Yes

2) If I want to change my Visa from L2 to F1 in US, what is the probability of the conversion and what is the process of doing it. Shall I have to come back in India to appear for F1 interview? -- Either you can file I-539 to change your status or you can leave the US, obtain F1 Visa and return in F1 status. If you change status within the US, you will have to obtain F1 Visa whenever you leave US.

3) Till my Visa status is L2, Can I get a job as internship/part-time and work in US? -- Yes, if you have L2 based EAD.

4) If my spouse work in same state in US where my university is, Am I eligible for In-state tution fees or as Non-immigrant tution fees in the university? -- In L2 status you may be eligible for in-state tuition, the rules are different in different states. In F1 you will have to pay out-of-state fees.

I would really appreciate a help in this regard. Thank you very much in advance!

See above. Staying in L2 status and making use of your EAD is advisable. The downside is that if your spouse has to leave the US you will not be able to stay in L2 status. (You can change to F1 at that time). If you are in F1 status when you graduate you can also get F1 based OPT.

[ankitpansari15]

Thank you so much for your valuable advise!

1) Would you please help me telling how should I apply for EAD on L2? I shall apply EAD on L2 before travelling to US or Can I apply EAD on L2 after entering in US?

2) Usually, What is the probability of getting a VISA approval from L2 to F1 as this is would be very important factor to decide if my spouse has to travel back to India at anytime.

Thanks in advance for helping me through this. Thanks much!

[kabkaba]

Thank you so much for your valuable advise!

1) Would you please help me telling how should I apply for EAD on L2? I shall apply EAD on L2 before travelling to US or Can I apply EAD on L2 after entering in US? -- You will have to use form I-765 to file. It can only be filed after you reach the US. It takes 2 to 3 months for getting the EAD. Until then you can start studying but you cannot work without the EAD.

2) Usually, What is the probability of getting a VISA approval from L2 to F1 as this is would be very important factor to decide if my spouse has to travel back to India at anytime.
-- Change of status from L2 to F1 is highly likely to be approved if all appropriate documentation is provided. However, when you leave the US after that point of time, you will need to obtain F1 Visa from the consulate. F1 Visa requires non-immigrant intent and it may be difficult to prove that if you don't have strong ties to your home country. The chances of getting F1 Visa are higher if you are still studying at that time and chances are lower if you are on OPT. Being in a reputed school and program is also helpful.

Thanks in advance for helping me through this. Thanks much!

See above.