I am currently holding a L1 visa and my wife is holding a L2 visa, both visa being valid for the next 9 months. My wife has got admitted to a master program starting this summer and she wants to change to F1 because I may loose my L1 status soon. In addition, we are planning to go to China recently for a 2-week vacation. 1) If she goes to the US Consular in China to apply for a F1 visa but gets declined, is her L2 visa still valid? Can she enter the U.S. with her L2 visa? 2) If she comes back to the U.S. with L2 visa, and submit I-539 (change of status) immediately after entry, will her I-539 be declined due to "presumed fraudulent"? 3) If I submit my I-539 immediately after entering US with L1 visa, am I subject to "presumed fraudulent"? Thank you very much.
1. If not cancelled, yes.
2. It could be.
A visa stamp cannot be used for the purpose of entering the US to change status.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree. Your question is too compound. First, are you from China? If not, you can't go to the embassy there. I would think that the best way to deal with it for our wife, is to change her status before the vacation...
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com