L1 to F1

[varun22486]

Hi All,

I am in a very specific situation. I am currently on L1-B Visa (Expired), I-94 is valid till Oct. I found from university that I can study while on L1-B so I will take admission and maintain my L1-B status (will keep working for my employer) . My employer will file extension for my L1-B (This takes about 6 months), in worst case if extension gets rejected (Sometime in Apr) I will get 15 days to leave the country, Will that be enough for me to take my I-20 and file I-539 and get F1? If i get the receipt number, I can stay while the decision is made on my F1? also will 15 days be enough for USCIS to give me a receipt #?

Thanks, Any help in this matter will be appreciated.

Thanks,

[raghvi]

Hi All,

I am in a very specific situation. I am currently on L1-B Visa (Expired), I-94 is valid till Oct. I found from university that I can study while on L1-B so I will take admission and maintain my L1-B status (will keep working for my employer) . My employer will file extension for my L1-B (This takes about 6 months), in worst case if extension gets rejected (Sometime in Apr) I will get 15 days to leave the country, Will that be enough for me to take my I-20 and file I-539 and get F1? If i get the receipt number, I can stay while the decision is made on my F1? also will 15 days be enough for USCIS to give me a receipt #?

Thanks, Any help in this matter will be appreciated.

Thanks,

You cannot do a Change Of Status to F1 after your I-94 expiry. If you want to apply COS to F1 you have to do it before your current I-94 expires, that is, before Oct. The issue that will happen is that USCIS will eventually have two requests for you one is COS from L1 to F1 and another for L1 extension. Now whichever decision happens later on will be effective so if your L1 to F1 gets approved after your L1 extension then you would move to F1 and cannot work with L1 employer.

To avoid this mess, advisable to file L1 extension in Aug in premium mode so that by Oct you get a decision and if in the negative, that is, L1 rejected, then before L1 I-94 expiry you can file a L1 to F1 COS.

This is my opinion not legal advice.