L2 or F1 for spouse

[vikrmgill]

I am on an L1B visa and working in USA. I will get married in March 2012 and my spouse will get an L2 visa. But my spouse plans to study in USA in Fall 2012. Should my spouse study on an L2 or apply for an F1 student visa. What will happen if my spouse starts her studies on an L2 and my L1B status changes/expires? Can my spouse change to an F1? Please help.

[kabkaba]

She has the option of studying in either F1 or L2 status. On L2 she can obtain EAD and that gives her flexibility to work in any job/position. On F1 she can only work on-campus and part-time.
However, F1 is independent of your status and hence she can use it when your L1 status expires/changes. She can apply for F1 status at that time. F1 also gives the advantage of post-completion OPT.
However, in some states she may be able to claim in-state tuition rate on L2 (which is half of out-of-state rate) and on F1 she must pay out-of-state rate.

[vikrmgill]

She has the option of studying in either F1 or L2 status. On L2 she can obtain EAD and that gives her flexibility to work in any job/position. On F1 she can only work on-campus and part-time.
However, F1 is independent of your status and hence she can use it when your L1 status expires/changes. She can apply for F1 status at that time. F1 also gives the advantage of post-completion OPT.
However, in some states she may be able to claim in-state tuition rate on L2 (which is half of out-of-state rate) and on F1 she must pay out-of-state rate.

From what I have heard, some schools will make her change to F1 from L2b. Before my L1 expires she can apply for F1 while she is still in country and change her status from L2B to F1? How long does the change of status take and how much is the cost? Days or weeks? My L1 will expire while she is still studying, so I don't want the change of status problem to impact her course and stay. Your thoughts?

[kabkaba]

No school will make her change. If school's international advisers are not aware of L2 being able to study, search the ICE website for who can study and show them that.

She can apply for COS at any time (before or after starting classes), but it must be applied for before her L2 I-94 expires or before you stop maintaining L1 status (you leave the US for a long term or if you change to another status).
If she wants to avail of OPT, she must be enrolled full-time for at least 1 academic year.
Change of status can take 2-3 months. Search for form I-539 and instructions.