When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. You may enter the U.S. with one purpose and later wish to change your purpose. When this happens, you may need to obtain a new visa status. Different visa categories allow different activities.
In many cases, there are two ways to gain a new nonimmigrant status: Travel and reentry to the U.S. in the new visa status OR applying for change of status through USCIS from within the U.S.
Travel and re-entry
If eligible, you may be able to depart the U.S. and then apply for your new immigration status at a U.S. embassy or consulate abroad. If your new visa is issued, you can re-enter the U.S. using your visa and status approval document. At the Port of Entry, Customs and Border Protection (CBP) will update your electronic I-94 to reflect your new status and the Admit Until Date.
Canadian citizens are exempt from the requirement of a having a visa to re-enter the U.S. However, they may still travel and re-enter with the appropriate immigration document (I-20, DS-2019, etc.) to obtain a new immigration status.
Plan your travel timeline carefully. Before traveling for a change of status, we recommend that you schedule an advising appointment with your OISS adviser. The travel process could be quicker than changing status in the U.S., but remember that there may be hidden expenses, logistics, and risks associated with travel.
- Gather documents related to the new status.
- Leave the U.S.
- Apply for a new visa at a U.S. consulate outside the U.S. (not required for Canadian citizens).
- Re-enter the U.S. with the new visa and other relevant documents. If admitted to the U.S., CBP will admit you in your new status.
Within the U.S.
If you or a dependent are already in the U.S., you may be eligible to apply for a change status by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS). Review the I-539 instructions to determine if you’re eligible.
Before you begin
We recommend you consult with an immigration attorney when applying for a change of status within the U.S. using the I-539.
OISS is not able to prepare your change of status application. However, we have provided a general overview of the process below. Individuals in J status who are subject to the 212(e) two-year residence requirement are limited to apply to specific statuses from within the U.S.
You may be able to change status from within the U.S. if:
- You are maintaining your current status. If your status has expired, consult with an immigration attorney to discuss options.
- You are are currently present in the U.S.
- You are eligible for the new status.
- Your current status does not prohibit change of status in the U.S.*
*Note: If you are or were subject to 212(e) from a current or prior J-1 or J-2 period of stay, and have not obtained a waiver or complied with the two-year foreign residence requirement, you may not change status from within the U.S. and must go abroad to do so.
If you apply for a change of status from within the U.S., you should remain in the country while the application is processing. You must apply for a matching visa the next time you travel abroad after the change of status is approved. Although the adjudication process can be lengthy, USCIS premium processing is available in many situations and reduces the adjudication time to 30 business days.
If you choose to file a change of status within the U.S., you must file it before your current status expires or during your grace period.
For change of status applications to F-1 student or F-2 dependent immigration status, you must first have a properly issued I-20. The application packet typically includes, but is not limited to, the following:
- Filing fee
- Completed and properly executed Form I-539. If filing by mail, confirm the edition date and filing location is correct. Carefully follow I-539 instructions.
- Copy of Form I-20, issued and signed by OISS. Be sure to sign the bottom of your I-20 in ink.
- I-901 SEVIS fee payment receipt copy (not applicable for F-2 dependent applications)
- Supporting financial documents (appointment letters, bank statements, etc.)
- Copy of biographic page of current passport (valid at least six months into the future)
- Copy of your most recent Form I-94 showing your current status
- Evidence of current status, such as Form DS-2019, EAD card, I-797A approval notices, etc.
- If you were previously in J-1 or J-2 status, and were subject to Section 212(e), a copy of your waiver or other evidence demonstrating compliance with the two year foreign residence requirement
If submitting using USCIS premium processing, you must also submit form I-907 with the required fee
For change of status applications to J-1 exchange visitor or J-2 dependent immigration status (student or scholar), you must first have a properly issued DS-2019. The application packet typically includes, but is not limited to, the following:
- Filing fee
- Completed and properly executed Form I-539. If filing by mail, confirm the edition date and filing location is correct. Carefully follow I-539 instructions.
- Copy of Form DS-2019, issued and signed by OISS. Be sure to sign the bottom of your DS-2019 in ink.
- I-901 SEVIS fee payment receipt copy (not applicable for F-2 dependent applications)
- Supporting financial documents (appointment letters, bank statements, etc.)
- Copy of biographic page of current passport (valid at least six months into the future)
- Copy of your most recent Form I-94 showing your current status
- Evidence of current status, such as Form I-20s, EAD cards, I-797A approval notices, etc.
- If you were previously in J-1 or J-2 status, and were subject to Section 212(e), a copy of your waiver or other evidence demonstrating compliance with the two year foreign residence requirement
- If submitting using USCIS premium processing, you must also submit form I-907 with the required fee
Dependents (spouse and children under age 21) of H-1B nonimmigrants can be granted H-4 status. As a courtesy to our employees, we can bundle the H-4 dependent applications with the H-1B petition.
The H-4 dependent(s) must personally complete and sign the Form I-539 and I-539A, not the H-1B employee. Be sure you use the most current version of the form. Follow USCIS instructions for completing the form(s) and attaching additional documentation.
Typically, the change of status application packet includes, but is not limited to, the following:
- Filing fee
- Completed and properly executed Form I-539 (and I-539A for each additional dependent)
- Copy of biographic page of current passport for each applicant (valid at least six months into the future)
- Evidence of relationship to H-1B beneficiary: copy of marriage certificate for spouse or birth certificate for children. If documents are not in English, you must include a certified translation.
- Copy of most recent Form I-94 showing current status for each applicant
- Evidence of current status for each applicant, such as Form I-20s, Form DS-2019s, EAD cards, I-797A approval notices, etc.
- If the applicant was previously in J-1 or J-2 status, and was subject to Section 212(e), a copy of the waiver or other evidence demonstrating compliance with the two-year foreign residence requirement
Processing times
Change of status processing times vary significantly from months to over a year, but can be expedited with USCIS Premium Processing, which costs an additional fee and has a significantly faster processing time. To find the most current processing times, check the USCIS Processing Time page.
Notify OISS
Contact us immediately if you filed for a change of status from within the U.S. but your plans change and you will now travel outside the U.S. before your new status is approved. We will assist you in withdrawing your change of status application with USCIS and moving forward with travel and reentry procedures.