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Immigration Issues/visa status change L2 to F1

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Question
Hi Ajay,
I am MS student in MI, USA on L2 visa(L1 spouse).My Husband's visa and I 94 is expiring on may 13,2012. His company starts visa process at the very last moment. My visa and I94 is also expiring on the same date may 13 2012. I don't want to interrupt my studies.
My Questions are:

1. When Our L visa(L1 and L2) is in processing stage after may 13 2012, can I apply for visa change(L2 to F1)

2. Do I need any document from India(or college) for filing visa change.

3.can I apply for both (L2 Visa extension and F1 visa) simultaneously.

Thanks

Answer
Hi,

You are able to remain legally in the U.S. while L2 extension is pending. As you are aware, you can study in L2 status. Please check with your university if you can continue to study when the I-94 has expired and the L2 extension is pending.

Change of status to F1 can be filed anytime, even while L2 extension application is pending. However, if it is filed while L2 extension is pending, and your I-94 has already expired, the USCIS will not grant change of status to F1 until the pending L2 application is approved first. Check with the university about documentary requirements to change status to F1 such as issuance of I-20 by the university, evidence that you can pay for your studies, evidence that you studied abroad and therefore request application of credit for those studies to your current studies, etc.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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