Travelling out of country while L2 extension of stay in process

[yogimishra]

Hi,
I am on L2 with extension of stay in process. My wife is L1B and her extension is already approved. My I-94 is already expired on July 23, 2019. There is some emergency in my home country India and I may have to travel in a month. However, I am not sure, if my extension approval will arrive before that. I need some advise for the situation.

1. What happens if I travel without approval and want to come back in a month?
2. Can I apply for conversion from L2 to F1-CPT in my situation?

Please help,

Thanks in advance,
Yogesh

[Libra_14]

1. What happens if I travel without approval and want to come back in a month?

You can move out of USA without approval, but you'll need a valid visa to re-enter.
Also, upon re-entry (and in absence of extension approval) they will see your stay as unauthorized after July 23 2019.
So if you move out, you should wait until you receive your approval, before trying to re-enter. Or else be ready to answer questions & explain the whole situation.

2. Can I apply for conversion from L2 to F1-CPT in my situation?

Yes, you can.

[yogimishra]

Thanks for your response. It really helps. I have some follow up questions.

Regarding moving out of USA, I heard that my current L2 extension will be cancelled if it is under process and I need to apply for a new L2, based on approved L1, when trying to re-enter. Is that right?

Also, If I apply for conversion from L2 to F1-CPT, would it be dependent on my L2 approval or it would be an independent request? What I mean to say is, that whether F1-CPT could be given before a decision on L2 extension?

[Libra_14]

Regarding moving out of USA, I heard that my current L2 extension will be cancelled if it is under process and I need to apply for a new L2, based on approved L1, when trying to re-enter. Is that right?

If you leave USA after expiry of your I94 & extension in process, shows you abandon your extension application & hence days you stayed after I94 expiry will be treated as unauthorized stay. But if L1 is approved, you won't have any problem.

You do not need a new L2 visa if the existing one is still valid at the time of re-entering USA. However you certainly need to prove that the primary L1 is still in USA & maintaining his/her valid status (L1 extension approved).

Also, If I apply for conversion from L2 to F1-CPT, would it be dependent on my L2 approval or it would be an independent request? What I mean to say is, that whether F1-CPT could be given before a decision on L2 extension?

L2 & F1-OPT are independent. Yes both application will be process separately.