More details to this question:
I had a L petition approved in August last year. Unfortunately when I went to the embassy to have my visa stamped the CO didn't think I was eligable for the L1 visa (it's my own company and he though company was too small and marginal) so case was sent back to USCIS for review. Fast forward to today and I have still nor heard from USCIS. I am starting to realise that I won't have time to establish the US office as planned (petition will expire soon). Question is now, I have been accepted to a few courses at UCLA that I want to take in order to expand my business. Can I apply for a F1 via while L1 is still pending review under 221g? If I apply for a student visa should I close down the US company so it won't seems like I am going to the US to work on my F1? Would the L1 count against me for the F1?
1 ANSWER
Applying for an F-1 visa is not a good idea. First, your F-1 visa will likely be subjected to administrative processing. Second, the consular official will likely suspect that you intend to work without authorization for your U.S. company. You may be seen as someone trying to circumvent the laws. Keep in mind that is your burden to establish eligibility for an F-1 visa. You must satisfy all criteria. Your L-1 visa will likely make it difficult. I would encourage you to speak to an attorney about the L-1 visa as you could develop your business and take classes with such status. You can read more about L-1 visas at http://myattorneyusa.com/work-visas.
Answered on Jan 09th, 2017 at 3:58 AM