Common Options for Change of Status

This article explores the common options for change of status for international students and employees in the U.S.

Change of status involves transitioning between different types of non-immigrant statuses. For international students and workers in the United States, common options for changes of status include:

From B-1/B-2 Visitors to F-1 Students

If you entered the U.S. for tourism or business trips but now want to attend school here, you can change your status from visitor to student.

From F-1 Students to H-1B Temporary Workers

If you complete your studies in the U.S. and find a job related to your field of study, you can change your status from F-1 to H-1B. To qualify for H-1B, you must first be selected in the H-1B lottery, and your employer must file the H-1B petition on your behalf.

From J-1 Exchange Visitors to F-1 Students

Some J-1 visa holders wish to continue their studies in the U.S. during their exchange program. However, the J-1 sponsor may stipulate that J-1 scholars cannot work off-campus or transfer to other schools. In this case, J-1 holders can seek a J-1 waiver and change their status to F-1 student within the U.S., allowing them to work off-campus with CPT.

From H-1B Temporary Workers to B-1/B-2 Visitors

H-1B holders can work in the United States for 3 years, with the option to extend for an additional 3 years. If they are laid off during this period or reach the 6-year limit, they can change their status to a B visa (tourist visa) to stay in the U.S. while searching for a job. During the pending period, applicants can stay in the U.S. and look for new jobs.

From L-1 Intracompany Transferee Employees to F-1 Students

Although the L-1 visa is often a backup option for those not selected for the H-1B, its duration is limited. For example, the maximum duration of the L-1B visa is 5 years. Moreover, the L-1 visa is tied to the employer, so changing jobs will result in the termination of your L-1 status.

Some employees of multinational companies would choose to enhance their skills through continued education while working in the U.S. Consequently, they may change their status within the U.S. to F-1, enrolling in MBA or PhD programs while using Day 1 CPT to maintain full-time employment.