Immigration Issues/L2 to F1


Hi Ram,
I am on l2 since 2001 and I have I94 and EAD valid until October 24, 2008. I have been working since 2005 with gap of employement. A company applied for H1B and it is recently was denied in August 2008. My husband left to India in June though his I94 is also valid till October 2008 after he was working on L1 since 2001. I am thinking of applying for F1 and approached colleges and they are ready to give admission and I20. Other option they said was that they will issue I20 and I can go back to India and then get my stamping and come back for Spring semester.Will my F1 affect because of
1)my husband leaving the country even if I have I94 validity
2) my H1b denial.
3) Do they ask for L1 validity documents.
Can you please help me with these questions and that would help me to decide whether I should get back to India before my I94 expires.

1) I cannot answer this question without having all the information.
2) I cannot answer this question without knowing the details of why the H was denied
3) Filing for a change of status to F-1 is very complicated due to the fact that the I-539 is taking more than six months to be processed. So at the time your case is pulled up for processing the I-20 start date would have passed. And you will be unable to produce an revised I-20 with a start date in the middle of a semester.

With theses issues combined with your problems under L-1, I would suggest that you leave the country and re-enter on F-1 visa.  Or you can try to change it in the US provided you are prepared for the worst.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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