L2 to F1 Conversion - Question about Legal Stay in USA during the process time

[rajeswarana]

Hi,
Currently I'm in L2 visa.My husband's H1B got selected in lottery and hope it will get through.In this case,my L2 will no longer valid after Oct-1-2016. Now, i'm decided to study and apply for F1. I'm in a situation that i can start apply L2 to F1 COS only on August-2016. Since the COS process takes 3-4 months, i will be received my F1 on ~December-2016. My questions are, 1. Can i legally stay in USA during the COS process period? 2. In Case, if my F1 get denied, can i apply for H4 COS when i'm in USA?

[mindrd]

Hi,
Currently I'm in L2 visa.My husband's H1B got selected in lottery and hope it will get through.In this case,my L2 will no longer valid after Oct-1-2016. Now, i'm decided to study and apply for F1. I'm in a situation that i can start apply L2 to F1 COS only on August-2016. Since the COS process takes 3-4 months, i will be received my F1 on ~December-2016. My questions are, 1. Can i legally stay in USA during the COS process period? 2. In Case, if my F1 get denied, can i apply for H4 COS when i'm in USA?

It appears that you would rather be in H4 status. If I was you, I would apply for the COS to H4 and not F1. If you leave the US during a CoS petition, your change of status will be denied.