Process and Case Study for Changing to F-1 Status
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      1. The White Paper for F1 Students
      2. Change of Status
      3. Process and Case Study for Changing to F-1 Status

      H-1B to F-1

      This article explains the requirements and process for changing your status from H-1B to F-1.

      Applicable Situations

      • You are approaching the 6-year limit of your H-1B visa, but your green card application has not yet been approved.

      • You were laid off and have not found a new job during your grace period.

       

      Application Process

      Step 1: Apply to Schools and Get Accepted

      First, apply to and get accepted by a school. After receiving your acceptance letter, apply for an I-20.

      During the application, you need to inform the school of your intention to change from H-1B to F-1 status. Your change of status application must be approved at least 15 days before your program begins. You need to discuss this with the school to align your timeline with their start dates and choose the most suitable semester for enrollment.

      Step 2: Prepare Application Materials

      • Form I-539 (How to Fill out Form I-539?)

      • Explanation letter (explain why you wish to return to school after working for some time)

      • Proof of funding (such as recent bank statements from the past several months)

        • Tuition and Living Expenses: You must show that you can cover one year of tuition and living expenses in the U.S. The exact amount for the first year will be presented on your I-20.

      • Acceptance letter

      • Form I-20

      • Passport biographic page
      • Visa page
      • Form I-94

      • SEVIS fee receipt

      • I-797 Notice

      • Additional supporting documents

      • Form G-1145 (for electronic notification of application/petition acceptance) 

      Step 3: Submit Application

      H-1B status changes cannot be filed online and must be submitted by mail.

      • USCIS Dallas Lockbox

        • Address for USPS:

          USCIS
          Attn: I-539
          P.O. Box 660166
          Dallas, TX 75266-0166
        • Address for FedEx, UPS, or DHL:

                       USCIS

                       Attn: I-539 (Box 660166)

                       2501 S. State Hwy. 121 Business

                       Suite 400

                       Lewisville, TX 75067-8003

      • USCIS Elgin Lockbox
        • Address for USPS:

                       USCIS

                       Attn: I-539

                       P.O. Box 4010

                       Carol Stream, IL 60197-4010

        • Address for FedEx, UPS, or DHL:

                       USCIS

                       Attn: I-539 (Box 4010)

                       2500 Westfield Drive

                       Elgin, IL 60124-7836 

      Note:

      • If you need to mail your application and you live in: Alabama, Alaska, American Samoa, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Guam, Hawaii, Idaho, Kentucky, Louisiana, Maryland, Micronesia, Mississippi, Montana, Nevada, New Mexico, North Carolina, Northern Mariana Islands, Oklahoma, Oregon, Palau, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, US Virgin Islands, Utah, Virginia, Washington, West Virginia, Wyoming, mail your application to the USCIS Dallas Lockbox.
      • If you live in other states, mail your application to the USCIS Elgin Lockbox.
      • Premium Processing: You can request premium processing for a change of status to F-1, guaranteeing a decision within a month. To use this service, you must submit Form I-907. The premium processing fee is $1,965. Your Form I-907 must be submitted in the same way as your change of status application.


      Fees

      • Application Fee:  $470.

      • Attorney Fees: Typically range from $1,000 to $2,000, depending on individual circumstances.

      • SEVIS Fee: $350.

      • Premium Processing Fee: $1,965.

       

      Processing Time

      The processing time for a change of status application usually ranges from 3 to 8 months; premium processing can guarantee a result within 1 month.

       

      Q&A

      1. What should I do if I find a new job after changing to F-1 status?

      You can ask your new employer to apply for H-1B on your behalf (this does not require joining the lottery again). You can then change your status back from F-1 to H-1B.

      A better solution is work full-time with CPT during the program and then reactivate your H-1B after graduation. This approach maximizes the duration of your work authorization in the U.S.

      2. If I am laid off during H-1B, do I have to submit a change of status application by the end of the 60-day grace period?

      Yes. H-1B holders will have a 60-day grace period after being laid off. During this time, you need to:

      • Get an acceptance letter and I-20 from a new school.

      • Submit all required materials for the change of status.

      • Pay the required fees.

      Once you submit your change of status application within the 60-day grace period, you can legally stay in the U.S. while waiting for the result. However, if your F-1 status application is denied, you must leave the country immediately.

      3. If my employer has already filed an I-140 petition during my H-1B period, can I still change to F-1 status?

      Yes, but it might be challenging. You will need to prove to USCIS that you have a genuine intent to study.

      4. Can I hold both H-1B and F-1 visas simultaneously?

      Yes, visa and status are different concepts. Your passport can contain multiple visas, which serve as entry permits. However, you can only enter and stay in a country under one specific status at a time. The visa allows you to enter the U.S., while your status determines your rights and restrictions once you are within the country.