L1 visa and I-94 expired, but my L2 I-94 is valid till Dec2013..

My spouse L1 visa and I-94 expired on may2013 and applied for extension got RFE now. I had valid I-94 till Dec2013, i would like go COS from L2 to F1 for this sep2013. So, please let me know the possiblility for this scenario and also let me know the better way to stay back in US??? quick responce would be grate appreciate.

Thanks in advance.

You can get the admission, I-20, submit SEVIS fees and then apply for COS to F-1. If the classes are about to commence, then you can enrol on L-2 right now and update your DSO about F-1 when COS gets approved.

Thanks for ur quick response saurabh…also please let me know any universities offers admission with out GRE, TOEFL, IELTS and provides CPT in 1st or 2nd sem. My plan is to apply H1B in Apr2014. Please provide quick response.

I don’t know any universities. Still what city will you be traveling to? I assume you must be looking for schools in and around your spouse’s location.

I’m not looking for location specific universities. I just need to get I-20 any where in US to apply for COS before my I-94 expiration. I want to enroll with L2 then apply COS but universities are not accepting to enroll with L2. I’m really out of time to do all this. Please advise me to get rid off this situation.

If location is not a constraint, then there are thousands of universities where you can apply. Still it comes down to how far along they are w/ their admission process, what courses you qualify for etc. State colleges will be a good start.

If you do get I-20 from the school and get the COS, remember you have to attend the classes in person, which may mean relocation.

Your spouse on L-1 cannot apply COS to F-2 as her I-94 has already expired. So she will either have to rely on L-1 extension, or go out of US and return on stamped L-1 visa or stamped F-2 visa.

Forgot to add - lot of schools that offer CPT from day 1 or 1st semester are at times shady and USCIS/ICE has been cracking down heavily on them. So be very careful about the school you select. CPT from day 1 or 1st semester should not be a criteria to shortlist schools.

Thanks for the great information saurabh

Hi Saurabh,
I have seen the check list for COS from L2 to F1, it says primary visa holder(my spouse’s L1 visa and I-94) should be in valid status. As i mentioned above my spouse’s visa already expired on may2013.I got admission in one of the university but now i have doubt that USCIS will accept my COS application?? because as i’m dependent on L1 visa which is already expired…please reply me ASAP. Thanks in advance.

They are asking for proof of your valid status and that’s why asking for spouse’s L-1 and I-94 copy. If the I-94 has expired and extension was filed, then you can submit proof of L-1 extension filing. Having this shows that you are currently in valid status. Once COS is approved, your status will become F-1 and independent of what happens to your spouse’s L-1 extension. You can run this by your attorney as well.

Thanks for the quick reply Saurabh

Hi Saurabh, is it possible to apply COS in premium??