This article explains the applicable situations and application process for changing status from J-1 to F-1.
Applicable Situations
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Your J-1 status is about to expire, and you want to continue studying in the U.S. without leaving the country.
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You want to work legally in the U.S. while studying.
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Your exchange program or funding has been withdrawn, and you are required to return to your home country, but you still wish to stay in the U.S.
Application Process
Step 1: Apply for a J-1 Waiver
Note that not all J-1 holders need to apply for a waiver.
To determine if you need a waiver, check your Form DS-2019 (similar to the I-20 for F-1 visas). You will see one of the following descriptions:
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"Bearer is not subject to section 212(e). The two-year rule does not apply."
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"You are subject to section 212(e)."
If it is the first case, you can skip to the next step. If it is the second case, you need to apply for a waiver.
To obtain an J-1 waiver, you need to submit application materials to both U.S. authorities and the government of your home country. The review process typically takes 3-6 months, and premium processing is not available. Here is an overview of the application steps:
1. Apply for a Case Number
You need to start by filling out Form DS-3035 on the U.S. Department of State website to obtain a waiver case number. After you submit the form online, a PDF with a barcode will be generated. You should save this file as it is necessary for submitting materials to both Chinese and U.S. authorities.
2. Submit the Application to the Government of Your Home Country
Take India as an example. If you are an Indian citizen, you must submit your NORI (No Obligation to Return to India) application to the Consulate General of India (CGI) in the U.S. For further information, please refer to the CGI website.
3. Submit the Application to U.S. Authorities
Next, you need to submit your application to the U.S. Department of State. You can submit your U.S. application concurrently with the application to your home country. However, the U.S. Department of State will only start processing your application after receiving the consent from the consulate of your home country. You will not receive email or mail notifications from the Department of State; instead, you need to log into the system to check your case status. If the system shows "Recommendation Sent," it indicates that the Department of State has completed its review and sent your application to USCIS for the final review.
4. USCIS Final Review
After USCIS receives your materials, they will automatically generate Form I-612 and mail you a Receipt Notice. Once your J-1 waiver is approved, you will receive an Approval Notice from USCIS.
Step 2: Get Accepted by a School and Receive an I-20
Technically, you can begin the process of changing your status only after successfully obtaining a J-1 waiver. However, if time is limited, you can apply to schools concurrently with your waiver application.
Step 3: Prepare Application Materials
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Form I-539 (How to Fill out Form I-539?)
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Explanation letter (explain how your trips in the U.S. inspired your motivation to study)
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Proof of funding (such as recent bank statements from the past several months)
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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.
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Third-Party Financial Support: If your parents, relatives, or friends are covering your expenses, you need to provide their income proof, recent transaction records, and a letter explaining how they will support your education costs.
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- J-1 waiver
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Acceptance letter
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Form I-20
- Passport biographic page
- Visa page
- Form I-94
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SEVIS fee receipt
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Additional supporting documents
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Form G-1145 (for electronic notification of application/petition acceptance)
Step 4: Submit Application
You can submit your change of status application either online or by mail.
By Mail |
Online Submission |
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Pros
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Cons
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How to Submit |
USCIS Attn: I-539 (Box 660166) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003
USCIS Attn: I-539 P.O. Box 4010 Carol Stream, IL 60197-4010
USCIS Attn: I-539 (Box 4010) 2500 Westfield Drive Elgin, IL 60124-7836 |
Application Link: https://www.uscis.gov/i539online |
Notes:
- 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
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Application Fee: $420 (online application); $470 (mail).
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Attorney Fees: Typically range from $1,000 to $2,000, depending on individual circumstances.
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SEVIS Fee: $350.
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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. If a J-1 holder changes status to F-1, will the status of the associated J-2 holder remain valid?
If a J-1 holder changes to F-1 status, the J-2 dependent's status will no longer be valid. The J-2 holder then has two options: they can either change to F-2 dependent status or apply for F-1 status independently.