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Change of Nonimmigrant Status

Overview

When an individual enters the U.S., it is always for a specific purpose, such as study, work, travel or skiing. Sometimes an individual enters the U.S. with one purpose in mind and later changes his or her purpose for being in the U.S. In these cases, it may be necessary to change status.

There are two ways of gaining a new nonimmigrant status:

Option 1: Leave the U.S., apply for a new visa at a U.S. consulate and re-enter the U.S. with the new visa and other relevant documents.

Option 2: Submit a an application to change status to the U.S. Citizenship and Immigration Services (USCIS). This option allows you to officially change nonimmigrant status while remaining in the U.S. With this option you are able to gain the new status but you will not yet have a new visa; visas can only be issued outside of the U.S.

When deciding which option is most appropriate for your individual situation, it is important to consider various factors. Upcoming travel plans, application processing times, the expiration date or special conditions of your current status, and the regulations of your future status will help determine if it is best to travel and re-enter or apply to change status in the U.S. The following general information explains the process for applying to change nonimmigrant status in the U.S.

Eligibility

You may be able to change status if:

  • You have maintained your current status.
  • You are eligible for the new status.
  • Your current status does not prohibit change of status in the U.S. See below for restrictions.

You generally cannot change status if:

  • Your period of authorized stay has already expired.
  • You have otherwise violated the conditions of your current status.

Restrictions


  • Individuals in J status who are subject to the two-year home-country residence requirement can change only to A or G status.
  • Persons admitted under the Visa Waiver Program (marked "W/T" or "W/B" on the I-94) cannot change nonimmigrant status.
  • Persons who hold C, D, or K status cannot change nonimmigrant status.
  • A vocational student in M status cannot change to F status.

Application and fee

Form I-539, supporting documentation, and a $300 check or money order made payable to "USCIS."

Mailing

Send change of status application to:

USCIS California Service Center
P.O. Box 10539
Laguna Niguel, CA 92607-1053

Note: Please verify address on USCIS website prior to mailing your application.

Processing timeline

Processing times vary, so be prepared to wait several months to learn the outcome of your application. To review current processing times, please visit the USCIS Case Status Service Online.

Approval Notice: USCIS will notify you of their decision on your change of status application on Form I-797 Notice of Action. The I-797 is an important document and should be kept with your passport and I-94 card. The approval notice will be mailed to the address listed on the Form I-539. Please note that if you change your address, the postal service will not forward mail sent to you by USCIS.

Remaining in the U.S. during processing: You may remain in the U.S. while your application is pending, even if your original status expires before the change of status is approved.

Travel outside the U.S. while application is pending: Do not travel outside of the U.S. while your change of status case is pending. If you leave the country, USCIS will consider your application abandoned.

Travel outside the U.S. after application is approved: In order to re-enter the U.S. after a trip abroad (except for brief trips to Canada or Mexico), you must visit a U.S. consulate to request a new visa to match your new status. Contact ISS for information about documents and procedures for re-entering the U.S.

Employment eligibility: Do not begin employment, if permitted under the new status, until the change of status is approved.

Note to employers: An employer should file Form I-129 to request a change to E, H, L, O, P, Q, R, or TN status for an employee or prospective employee. Dependent family members file Form I-539.

Change to F-1 status

If you have recently been admitted to the UW, you will receive your I-20 from the Admissions office. If you are currently studying at the UW in another status and wish to gain F-1 status, you must:

  1. Complete the Change of Status Request Form and submit it to ISS together with supporting financial documentation and a photocopy of your passport identification page.
  2. Allow 1 week for processing.
  3. You will receive an email from your ISS adivser when you I-20 is ready for pick up.

Application documents if changing status from:

B-1/B-2 to F-1


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the I-94 card (front and back) of any dependents (if applicable)
  • Photocopy of the visa page and identification page in your passport
  • Original I-20 issued by the school you plan to attend. UW Admissions will issue your I-20
  • Evidence of financial support
  • Photocopy of proof of payment of SEVIS Fee
  • Detailed letter requesting and explaining the need to change status
  • If your B-1/B-2 visa is endorsed "prospective student," you should have little difficulty changing to student status. If your visa does not have a "prospective student" notation, include answers to the following questions in your letter:
    • What did you tell the consular officer was the purpose of your visit to the U.S.?
    • Upon entry to the U.S., what did you tell the immigration officer was the purpose of your visit?
    • How and when did you arrive at your decision to study in the U.S.?
    • How and when did you first contact the University, and when were you informed you had been admitted?
    • If prior to your entry into the U.S. your intention was to attend school, why didn't you apply for an F-1 student visa rather than the B-2 visitor visa?
    • Have you been in the U.S. before? When and for what purpose?
    • Any relatives in the U.S.? If so, what types of visas are they here on?

Notes:

You are not permitted to begin a full course of study until the change of status to F-1 is approved.

F-1 status cannot officially begin earlier than 30 days before the start date on your I-20. The application itself should be submitted several months in advance, and you must be able to maintain your current status until 30 days before the I-20 start date.

Your foreign, non-U.S. address must be listed in the permanent address field in the student database. If this field currently shows a U.S. address, please submit your foreign address to your ISS adviser, who will update the student database in accordance with the F-1 regulations.

F-2 to F-1


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Photocopy of the I-20 listing you as the dependent of the F-1
  • Photocopy of your spouse's (or parent's) I-20 and I-94 card (front and back)
  • Original, signed I-20 issued in your name by the school you plan to attend. UW Admissions will issue your I-20
  • Evidence of financial support
  • Detailed letter requesting and explaining the need to change status
  • Photocopy of proof of payment of SEVIS fee

Notes:

You are not permitted to begin a full course of study until the change to F-1 status is approved.

F-1 status cannot officially begin earlier than 30 days before the start date on your I-20. The application itself should be submitted several months in advance, and you must be able to maintain your current status until 30 days before the I-20 start date.

Your foreign, non-U.S. address must be listed in the permanent address field in the student database. If this field currently shows a U.S. address, please submit your foreign address to your ISS adviser, who will update the student database in accordance with the F-1 regulations.

H-1 to F-1


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Original (not a photocopy) I-20 issued in your name by the school you wish to attend or are currently attending. If you have recently been admitted to the UW, you will receive your I-20 from Admissions. If you are currently studying at the UW and wish to gain F-1 status, you must request an I-20 from ISS.
  • Photocopy of your H-1 Approval Notice (I-797)
  • Evidence of financial support
  • Letter from the H-1 employer verifying that you are still working and maintaining H-1 status
  • Detailed letter requesting and explaining the need to change status
  • Photocopy of proof of payment of SEVIS fee

Note:

Your foreign, non-U.S. address must be listed in the permanent address field in the student database. If this field currently shows a U.S. address, please submit your foreign address to your ISS adviser, who will update the student database in accordance with the F-1 regulations.

H-4 to F-1


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Original (not a photocopy) I-20 issued in your name by the school you wish to attend or are currently attending. If you have recently been admitted to the UW, you will receive your I-20 from Admissions. If you are currently studying at the UW and wish to gain F-1 status, you must request an I-20 from ISS.
  • Detailed evidence of financial support (letter from H-1's employer, letter from bank, etc.)
  • Photocopy of the H-1's Approval Notice (I-797)
  • Photocopy of the H-1's I-94 card (front and back)
  • A letter from the H-1 employer verifying that the H-1 is in status
  • Detailed letter requesting and explaining the need to change status
  • Photocopy of proof of payment of SEVIS fee

Notes:

You are not permitted to engage in on-campus employment until the change to F-1 status is approved and you are within 30 days of your I-20 start date.

Your foreign, non-U.S. address must be listed in the permanent address field in the student database. If this field currently shows a U.S. address, please submit your foreign address to your ISS adviser, who will update the student database in accordance with the F-1 regulations.

F-1 to B-1 or B-2


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the I-94 card (front and back) of any dependents (if applicable)
  • Photocopy of the visa page and identification page in your passport
  • Photocopy of every previously issued I-20s
  • Evidence of financial support
  • Detailed letter. Why are you requesting the change of status? What arrangements have you made to depart the U.S.?

F-1 to F-2


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Photocopy of current and previously issued I-20s
  • Original (not a photocopy) I-20 listing you as the dependent of the F-1
  • Photocopies of your spouse's I-20 and I-94 card (front and back)
  • Evidence that your F-1 spouse is maintaining status (for example, a copy of his or her transcript)
  • Photocopy of proof of family relationship to the F-1 (for example, marriage certificate) in English
  • Evidence of financial support (F-2 dependents are not permitted to work in the U.S.)
  • Detailed letter requesting and explaining the need to change status

J-1 to J-2


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Photocopy of your DS-2019 (front and back)
  • Photocopies of your spouse's DS-2019 and I-94 card (front and back)
  • Original (not a photocopy) DS-2019 listing you as the dependent of the J-1
  • Photocopy of proof of family relationship to the J-1 (for example, marriage certificate)
  • Evidence of financial support
  • Detailed letter requesting and explaining the need to change status

Note:

J-1 and J-2 Exchange Visitors who are subject to the two-year home-country residence requirement are prohibited from changing status, except to A or G.

J-2 to J-1


  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • $300 fee
  • Photocopy of your I-94 card (front and back)
  • Photocopy of the visa page and identification page in your passport
  • Photocopy of the DS-2019 listing you as the dependent of the J-1
  • Photocopies of your spouse's (or parent's) DS-2019 and I-94 card (front and back)
  • Original, signed DS-2019 issued in your name by your exchange visitor sponsor
  • Evidence of financial support
  • Detailed letter requesting and explaining the need to change status
  • Photocopy of proof of payment of SEVIS fee

Note: J-1 and J-2 Exchange Visitors who are subject to the two-year home-country residence requirement are prohibited from changing status, except to A or G.

For more information about nonimmigrant visa categories, contact U.S. Citizenship and Immigration Services.