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change of status

Change of Status

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What is Change of Status?

According to the United States Citizenship and Immigration Services (USCIS), a Change of Status (COS) refers to the process by which an individual holding one type of nonimmigrant status in the U.S. can change to another type of nonimmigrant status without leaving the country.

Under U.S. immigration law, nonimmigrant statuses include F-1 student visas, B-1/B-2 visitor visas, H-1B temporary worker visas, as well as visas such as L-1 for intra-company transferees and O-1 for individuals with extraordinary ability.

To apply for a change of status within the U.S., the applicant (or their employer) must file the appropriate application form with USCIS before the authorized period of stay expires.Typically, an applicant is eligible to apply for a change of status if they:

  • Were lawfully admitted to the U.S. and currently hold a valid nonimmigrant status.
  • Have maintained their current status and not violated the terms of their visa.
  • Have not committed any crimes that would disqualify them from obtaining a new status.

If these conditions are met, the applicant can generally apply for a change of status within the U.S. without the need to leave the country. This process allows them to stay in the U.S. legally and, in certain cases, continue studying or working.

For more detailed information, you can refer to the official USCIS page: USCIS Change of Status.

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Extending F-1 Status — From F-1 to F-1
Extending F-1 Status — From F-1 to F-1
  • Purpose: Allows current F-1 students to extend their student status without leaving the U.S.
  • Process: Typically involves updating the I-20 form with your Designated School Official (DSO) and filing with USCIS if necessary.
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From Visitor (B-1/B-2) to Student (F-1)
From Visitor (B-1/B-2) to Student (F-1)
  • Purpose: Converts a visitor status (B-1 for business or B-2 for tourism) to student status to begin or continue education in the U.S.
  • Process: Requires filing Form I-539, an explanation letter, acceptance to a U.S. school, an I-20 form, and paying the SEVIS fee ($350).
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From Student (F-1) to Temporary Worker (H-1B)
From Student (F-1) to Temporary Worker (H-1B)
  • Purpose: Changes status from a student to a temporary worker, allowing full-time employment in the U.S.
  • Process: Typically requires an employer to file a petition for the H-1B visa on your behalf. Once approved, the change of status can be activated within the U.S.
Refund Conditions
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From Exchange Visitor (J-1) to Student (F-1)
From Exchange Visitor (J-1) to Student (F-1)
  • Purpose: Converts J-1 status (used for exchange visitors) to F-1 status for students who wish to continue their education in the U.S.
  • Process: Requires filing Form I-539, providing a valid reason for the change, and demonstrating continued eligibility for F-1 status.
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From Temporary Worker (H-1B) to Visitor (B-1/B-2)
From Temporary Worker (H-1B) to Visitor (B-1/B-2)
  • Purpose: Allows those on an H-1B work visa to change to visitor status if they no longer wish to work but want to remain in the U.S. temporarily.
  • Process: Involves filing Form I-539, along with an explanation letter detailing the reason for the change, and paying the required fees.
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From Intracompany Transferee (L-1) to Student (F-1)
From Intracompany Transferee (L-1) to Student (F-1)
  • Purpose: Converts L-1 status (used for employees transferred within a company to the U.S.) to F-1 status to pursue education.
  • Process: Similar to other student visa conversions, it requires filing Form I-539, an explanation letter, a school’s I-20 form, and payment of the SEVIS fee.
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Note: H-1B status change typically requires employer sponsorship and cannot be initiated personally. Therefore, it is not discussed as a self-initiated change of status.

USCIS+premium+processing

Comparison of Common Self-Application Status Changes

COS Application Type Change to Visitor Status (B-1/B-2) Change to Student Status (F-1)
Required Application Form I-539, explanation letter for B visa, application fee ($370), biometric fee ($85) Same as for B visa plus an explanation letter for F visa, school acceptance and I-20, SEVIS fee ($350)
Processing Time 3-6 months (standard processing); an RFE may extend the process by 1-2 months 3-6 months (standard processing); 4-8 months with RFE. Expedited processing is available for F visa, potentially receiving a decision within a month
Visa Purpose B-1: Business, exhibitions, meetings, etc.
B-2: Tourism, visiting family, medical treatment, etc.		 F-1: Full-time study at a U.S. educational institution with access to tax exemptions, scholarships, and other student benefits
Key Feature 1 Flexibility: Allows legal stay and freedom to leave and re-enter the U.S. without work or study obligations Student Responsibility: Requires maintaining full-time student status, attending classes, and completing coursework
Key Feature 2 Temporary: B visa holders can stay for up to 6 months per visit, but must comply with I-94 regulations Stability: F-1 visas generally last 2-5 years, with the option to remain in the U.S. as long as you are studying or participating in OPT
Key Feature 3 No Work: B visa holders cannot work or engage in profit-making activities in the U.S. Can Work (CPT and OPT): F-1 students can work part-time or full-time during and after their studies, earning an income

Each COS option has its own set of requirements, processing times, and implications. Be sure to consult with an immigration advisor or lawyer to determine the best option for your situation and to ensure compliance with U.S. immigration laws.

Conditions for Applicants and Timeline for Change of Status (COS)

  • 01 Conditions Applicants Must Meet
  • 02 Compliant and Fast Application
  • 03 When to Apply
  • 04 How Long Does Change of Status (COS) Take?

For those seeking to apply for a Change of Status (COS) in the U.S., certain conditions must be met to ensure a smooth process:

  • Legal Entry: The applicant must have entered the United States with a valid visa.
  • Valid Visa: The current visa must still be within its validity period.
  • No Violations: There should be no record of violations of the current visa status.
  • Valid Passport: The passport must be valid throughout the process.
  • Eligibility for New Visa: The applicant must meet the qualifications for the new visa status they are seeking.

Note: For those who entered the U.S. on a B1/B2 tourist visa, the allowed duration of stay is determined by the "Admit Until Date" on the I-94 record. This date is the latest possible departure date for the current visit, which is typically up to six months from the entry date, not from the visa expiration date.

To ensure a compliant and expedited COS process, it is crucial to avoid any lapses in legal status:

  • School Selection: Choose a reputable school → Obtain an Offer → Secure an I-20 signed by the designated school official.
  • When applying to schools, inform them that you plan to change your status to F-1 while remaining in the U.S., and confirm whether the school accepts such applications.
  • According to USCIS regulations, the COS application must be submitted at least 15 days before the program’s start date. Coordinate with the school to ensure sufficient time for the application process, or consider alternative schools if necessary.

For those on B-1, B-2, F-2, H-4, or other non-immigrant visas with a short duration of stay in the U.S., timing is critical when applying for a COS:

  • 1-30 Days Post-Entry: This is the most risky period to apply, as it might raise concerns about your intentions upon entering the U.S., leading to a potential denial.
  • 30-60 Days Post-Entry: This is considered a gray area, where the risk is still present but lower.
  • 90 Days Post-Entry: Applications made after this period are generally safer and less likely to be questioned.

However, waiting too long can also be problematic. For example, applying close to the expiration of your B visa's I-94 record may appear suspicious, as if you are merely extending your stay by changing to F-1 status. Additionally, recent policy updates require that the B visa status must remain valid throughout the COS application review period, so it’s advisable to apply at least three months before the B visa expiration.

The time it takes to process a COS to F-1 status varies by region, but on average, it ranges from 3 to 6 months.

Good News: As of June 2023, all applicants for an F-1 COS can opt for Premium Processing through the USCIS website, which involves paying an additional fee for expedited service.

With Premium Processing, the fastest possible approval time for a COS to F-1 status can be less than one month.

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