Options to work after L2S I-94 expiration; F1 visa for Day 1 CPT?

Question

I am currently on an L2S visa, and my I-539 petition for an extension was received by USCIS on March 7, 2025. My spouse’s L1B petition has already been approved, but my I-94 will expire on June 13, 2025. We reside in Wisconsin, and this is our first extension; thus, we are unfamiliar with the process. My spouse’s employer advised that I cannot work after June 13, 2025, though I can legally stay in the U.S. while my I-539 is pending. They recommended I avoid international travel. I am a full-time employee, and my employer is unaware of this situation. I am considering switching to an F1 visa to pursue Day 1 CPT, but I'm concerned about how to change my status from L2S to F1 before my I-94 expires, which could lead to losing my job. I have researched Day 1 CPT programs and courses, but the change of status I-20 process is lengthy. I would like to understand: 1. Is there a way to continue working after June 13, 2025, while my extension is pending? 2. Are there expedited processing options or alternative work authorization routes I should consider? 3. How can I change my status to F1 and potentially pursue Day 1 CPT without risking my current employment?

James L. Arrasmith · Answer

Your L2S situation presents several important considerations regarding work authorization beyond your I-94 expiration date. While you can legally remain in the United States under "authorized stay" provisions with a pending I-539, work authorization for L2S visa holders typically expires with the I-94 document unless you have a valid Employment Authorization Document (EAD). If you filed Form I-765 concurrently with your I-539, you may qualify for an automatic extension of work authorization for up to 180 days beyond your EAD expiration; however, this depends on when your current EAD expires and whether the category codes match the extension requirements. 
 
Regarding expedited processing options, you may request expedited adjudication of your I-539 by demonstrating severe financial loss to a company or person, humanitarian reasons, USCIS error, or compelling interest to a government agency. Premium Processing is unfortunately not available for I-539 applications, but you could explore whether your employer would consider sponsoring you for an H-1B visa, though timing would be challenging given the annual cap and application periods. Alternatively, filing a standalone EAD application might provide a faster route to work authorization than waiting for the I-539 adjudication. 
 
Transitioning to F1 status for Day 1 CPT presents significant challenges that could jeopardize your current employment. The change of status process typically takes several months during which you would remain in L2S status bound by its work limitations. Moreover, Day 1 CPT programs have faced increasing scrutiny from immigration authorities, with some schools' authorizations being revoked for regulatory non-compliance. You might consider consulting with an education immigration advisor about programs with legitimate CPT options that align with your professional background, while simultaneously pursuing expedited processing of your current L2S extension to minimize employment disruption.

Q: Options to work after L2S I-94 expiration; F1 visa for Day 1 CPT?