L-1 to F-1

This article explains the requirements and process for changing your status from L-1 to F-1, followed by sharing a real-life case.

Applicable Situations

• Expiration of L-1 status: If your L-1A (7 years) or L-1B (5 years) status is nearing expiration and you wish to stay the U.S., you can change to F-1 status to pursue a new degree and continue working under CPT.

• Layoffs: The L-1 grace period is only 60 days. If you do not expect to find a job within 60 days, you can change status to F-1 and use CPT to continue job hunting.

• Seeking better career opportunities: Unlike H-1B, L-1 is tied to a single employer and cannot be transferred. Therefore, leaving your current employer means losing your L-1 status. If you aim to seek new employment but have not been selected in the H-1B lottery, you can change to F-1 status. With F-1 status, you can use CPT to work at a new company while waiting for the next H-1B lottery.

• Pursuing further education: If you want to get an MBA after working in the U.S., you can also change from L-1 to F-1 status. If you hold only a bachelor's degree, earning a master's degree will qualify you for the H-1B Master's Cap, which will increase your chances of being selected.

Application Process

Step 1: Apply to Schools and Get Accepted

First, apply to and get accepted by a school. After receiving your acceptance letter, apply for an I-20.

Step 2: Prepare Application Materials

• Form I-539 (How to Fill out Form I-539?)

• Explanation letter (explain why you want to study in the u.s. after working here for some time)

• Proof of funding (such as recent bank statements from the past several months)

  • Tuition and Living Expenses: You must show that you can cover one year of tuition and living expenses in the U.S. The exact amount for the first year will be presented on your I-20.

• Acceptance letter

• Form I-20

• Passport biographic page
• Visa page
• Form I-94

• SEVIS fee receipt

• Additional supporting documents

• Form G-1145 (for electronic notification of application/petition acceptance)

Step 3: Submit Application

You can submit your change of status application either online or by mail.

Fees

• Application Fee: $420 (online application); $470 (mail).

• Attorney Fees: Typically range from $1,000 to $2,000, depending on individual circumstances.

• SEVIS Fee: $350.

• Premium Processing Fee: $1,965.

Processing Time

The processing time for a change of status application usually ranges from 3 to 8 months; premium processing can guarantee a result within 1 month.

Real Case

After graduating from an architecture program on the East coast, Huang found a job in New York. Unfortunately, she was not selected in the H-1B lottery during STEM OPT. Since Huang had been with the company for three years, her employer promised to send her to Canada for a year and then help her apply for an L-1 visa.

A year later, Huang returned to the U.S. on an L-1 visa, but soon realized that her employer had no intention of providing H-1B or green card sponsorship. Facing this issue, she began considering changing jobs. However, this was challenging because the L-1 visa is tied to the employer. Quitting the job would mean losing her legal status in the U.S.

After seeking advice, Huang decided to apply to a CPT school to change her status within the U.S. By changing to F-1 student status, she could look for a new job that would support her long-term career goals and H-1B application.

Huang began researching suitable schools and programs. With professional guidance, she completed her application within a week. Just two weeks later, she received her acceptance letter. Following that, she prepared her change of status application and submitted Form I-907 for premium processing.

From submitting the school application to successfully changing to F-1 status, the entire process took six weeks. Huang then resigned from her company and joined the company of a former client. As an F-1 student, she worked there under CPT for a year and was eventually selected in the H-1B lottery.

Q&A

1. How long does it take to get approval for an L-1 to F-1 change of status application after receiving a school acceptance letter?

Typically, the process for changing status from L-1 to F-1 takes between 3 to 8 months. The processing time varies based on the complexity of the case, the workload of USCIS, and the completeness of the application materials.

As of June 13, 2023, applicants changing from L-1 to F-1 status within the U.S. can choose premium processing. This service, which costs an additional $1,750, can reduce the processing time to as short as one month.

2. I currently hold an L-1 visa and want to change to F-1 status to use CPT for changing jobs, but my employer has already filed an I-140 for me. Will this impact my application for changing status to F-1 due to perceived immigrant intent?

If your employer has already filed an I-140 for you, it is advisable to wait until you file the I-485 before changing jobs. Otherwise, you will restart the green card application process.

Submitting an I-140, which indicates your immigrant intent, does indeed make it more challenging to change to a non-immigrant status. However, it is not impossible. The key is to provide a compelling explanation letter that effectively addresses any concerns about immigrant intent.