Please help my friend get some wayout from his current trap situation.

Principal's I-94 --> 7th June 2008
Dependent(Wife's) --> 27th June
His New Born --> Arrived on 30th April
His employer filed for extension on 26th March --> RFE was raised on 2nd May(status changed on website) --> Yet to receive the RFE notice
I-20 -> He has already got an I-20 from a US BSchool. School is starting from 25th July.

Now he can not travel to his country with his new born before 8th June. Because he'll not be able to get the birth certificate/passport within a month.
He can not apply for COS from L1 to F1 because his visa is expiring 30 days ahead of the start of the school.

My questions :

Can he leave for India on 7th June and his wife continuing here in USA. He will go back to India and get the F-1 visa and will return on 25th June. Afterward he will apply for the COS for his wife( from L2-F2)

Could you please suggest any other way out from this trap situation. Please let me know if you need any other info. Also let me know if my friend needs any professional service for this.

Please reply as soon as possible.


Best Regards,

Leave US and re-enter with F-1 is doable but the problem is what if he could not obtain F-1?

Get an attorney to follow up on extension of L-1... this is what I would do.