L2 to H1 and F1 at the same time

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I have a valid L2 visa till 2015, but my spouse is leaving from US in April. I am planning to File H1 and F1 simulatenously (change of status), so that I can stay in US and continue my studies and start working once the H1 is approved.
Is it a valid option to file H1 and F1 at the same time. Does it impacts the H1 processing?

[raghvi]

I have a valid L2 visa till 2015, but my spouse is leaving from US in April. I am planning to File H1 and F1 simulatenously (change of status), so that I can stay in US and continue my studies and start working once the H1 is approved.
Is it a valid option to file H1 and F1 at the same time. Does it impacts the H1 processing?

Theoretically possible, but its always risky to have multiple COS pending with USCIS.

You have to apply L2 to F1 before your spouse leaves US.

And also apply F1 to H1 based on the L2 to F1 receipt notice.

USCIS would most likely issue a RFE asking you to first prove a valid L2 to F1 approval. In most such cases USCIS ends up approving H1 only as consular process.

Also, be prepared to answer queries in next interview as to why you didnt complete the studies on F1 visa ( provided your L2 to F1 gets approved, and subsequently your F1 to H1 also gets approved).

This is my opinion not legal advice.

[prasoonshukla]

Theoretically possible, but its always risky to have multiple COS pending with USCIS.

You have to apply L2 to F1 before your spouse leaves US.

And also apply F1 to H1 based on the L2 to F1 receipt notice.

USCIS would most likely issue a RFE asking you to first prove a valid L2 to F1 approval. In most such cases USCIS ends up approving H1 only as consular process.

Also, be prepared to answer queries in next interview as to why you didnt complete the studies on F1 visa ( provided your L2 to F1 gets approved, and subsequently your F1 to H1 also gets approved).

This is my opinion not legal advice.

Thanks for your response.

But I am planning to file two COS at the same time.One is L2 to H1 and another L2 to F1 as I will be maintaining my L2 Status till Mid-April. And H1 Application will be sent to USCIS in March last week or April first week. I have already taken the admission in community college spring session.I want to file COS from L2 to F1 so that I can legally stay in US without L1 dependency as my COS will be in process before my spouse leaves.And that ways I wont go out of status.
Does it impact the USCIS decision on my H1 application as it is intent to stay.

Another option I have is that I also leave US after filing COS from L2 to H1 and not to file L2 to F1.

Which will be better option. In which case I have more chances of getting H1 approved.

Please advice.