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Immigration Issues/how to change from L2 to F1

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Question
QUESTION: Sir,

As my L2 status is going to expire by April 4th 2014, before minimum how many days of my visa expiry date should I apply for change of status from L2 to F1. Could you please tell me for sure.( I mean perfectly)

ANSWER: The application to change status to F1 cannot be filed more than 30 days prior to the study program start date stated on the I-20. Be certain, however, that it is not filed later than your I-94 expiration date.

---------- FOLLOW-UP ----------

QUESTION: Dear sir,

1) After applying for COS from L2 to F1, as you told it may take 3-5 months, If L2 expires meanwhile, does it comes under legal stay in US till I get approval from USCIS.

2) Are there any chances for anyone to get disapproval of F1 from USCIS?

Thanks,
sandhya.

Answer
You can remain legally in the U.S. as long as the change of status application is filed no later than I-94 expiration date no matter how long the application is pending with the USCIS.

If it is denied, you would need to depart the U.S. I am not going to comment further as I do not know the merits of the case, but the probability of approval is good if you are maintaining L2 status when the application is filed, are capable of paying the tuition/living expenses and have an intention to depart the U.S. after completion of studies.

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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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