Change of Status to F-1
- Overview
Change of Status OverviewA change of status is required when your purpose for being in the U.S. no longer corresponds with the terms of your current visa type. If you are currently in the U.S. on another visa and wish to change to F-1 status, it is important to note that you will still need to apply for an F-1 Visa if you choose to travel outside of the U.S. and reenter.
Individuals with any nonimmigrant status except for C, D, K, or M (and in some cases J), and those who did not enter the U.S. under the Visa Waiver Program, are eligible to apply for a change to F-1 status if they have maintained lawful nonimmigrant status until their application time.
Individuals with J status who are subject to the 212(e) two-year home country physical requirement cannot change status within the U.S. unless they have obtained a waiver.
Additionally, nonimmigrants in A, G, or NATO status must first complete Form I-566 and have it properly endorsed by their foreign mission in the U.S. and the Department of State before applying for a change of status.
Change of Status Within the U.S. Travel & Re-Entry Advantages - Stay in the U.S. during processing.
- Does not require a visa interview or application. (Visas are only issued outside the U.S.)
- Faster than changing status in the U.S.
- Obtain the visa stamp in your passport and the status associated with the new visa
Disadvantages - Lengthy processing time (8-12 months). May restrict access to enrollment, employment, tuition waivers, etc...
- May not depart the U.S. during processing.
- Visa stamp will be required upon next departure and re-entry to the U.S. (except for trips under 30 days to Canada or Mexico)
- Requires extensive documentation. If denied, you must depart the U.S. immediately.
- Possibility of visa processing delays
- Expenses of international travel
- Change of Status Within the U.S.
Change of Status Within the U.S.A change of status within the U.S. is processed through the United States Citizenship and Immigration Services (USCIS). Students who choose this option will NOT depart the U.S. Instead, they will pay a fee to USCIS and complete an application including a Form I-20 or DS-2019 from SBU and the I-539 form. We recommend students check the current processing times in order to appropriately time the submission of their change of status application and avoid possible delay in studies and/or employment.
While it is recommended that you work with an Immigration Attorney, we have provided some helpful resources to assist you throughout the process.
General eligibility requirements for change of status inside the U.S. include:
- You were lawfully admitted to the United States in a nonimmigrant status;
- Your nonimmigrant status remains valid and is valid at the time of filing for a change of status;
- You have not violated the conditions of your current status; you have not committed any crimes or engaged in any other actions that would make you ineligible for change of status.
VIS will determine your eligibility for a change of status within the U.S. after we review the details of your case. If you are interested in exploring this option, please contact VIS to request an appointment with an International Student Advisor. If VIS determines that you are eligible for a change of status within the U.S. we can provide general information and issue your Change of Status form I-20., however we strongly recommend that you retain an experienced immigration attorney to review your application before submitting it to the USCIS. Due to the complexity of the change of status process, VIS cannot review your complete I-539 application.
If you were previously a J-1 Exchange Visitor or J-2 dependent and were subject to the Two-Year Home Country Physical Presence Requirement (INA 212e), then you are not eligible to change your status inside the U.S. unless you have fulfilled your 2 year obligation or have an approved waiver of this requirement.
application Process
Step 1. Request a 'Change of Status' I-20- Submit the 'Change of Immigration Status to F-1' request in accessVIS.
- Upon approval, your International Student Advisor will email you a 'Change of Status' I-20.
Step 2. Pay the SEVIS FeePay the SEVIS Fee by completing the Form I-901 online at FMJfee.com. Proof of SEVIS fee payment will be required for your I-539.
Step 3. File the I-539 with USCISYour request for a change of status to F-1 may be filed either online or by mail using the Form I-539, Application to Extend/Change Nonimmigrant Status. Instructions on completing the I-539 can be found on USCIS's website here. If you are mailing your application to USCIS, the mailing address can be found here under 'Nonimmigrants and Their Dependents.'
Once USCIS receives your application, a Form I-797 “Notice of Action” (NOA) will be mailed to you and you will be given a case number. Within a few months (3-12), your decision notice will be mailed to you.
Considering Premium Processing?
USCIS accepts premium processing for Form I-539 applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. This service guarantees adjudicative action within 30 days for an additional fee of $1,965.
Those who wish to request premium processing may submit the Form I-907 online, through your USCIS online account, or by paper along with Form I-539, ensuring you have your endorsed Change of Status I-20 before you submit Form I-539 and Form I-907 to USCIS.
Note that premium processing is optional, so consider USCIS processing times and program start dates before deciding.
Related Links
Step 4. Update VIS upon receiving a decision from USCISIf your change of status is approved by USCIS, upon receipt of your I-797 Approval Notice from USCIS you are required to complete the F-1 International Student Check-In in accessVIS, so that your SEVIS record and F-1 status can be activated.
Should you receive a denial notice or Request for Evidence (RFE/RFI), please contact your International Student Advisor promptly, as these notices may have time-sensitive implications.
Studying while change of status is pending
F-2 Status: Individuals in F-2 status, except for children in elementary or secondary school, cannot study full-time. However, they are eligible for part-time study. Upon approval of a change of status to F-1, full-time enrollment becomes mandatory.
B-1, B-2, W/B, W/T Statuses: Those in B-1, B-2 (including those with a visa annotated “prospective student”), W/B, or W/T statuses are not allowed to enroll in a course of study until USCIS approves their change of status to F-1 application.
Other Eligible Statuses: If your current status permits full-time studies in the U.S. (e.g., J-2, H-4, and other dependents), you can start classes before your change of status application is approved. However, employment under F-1 status (CPT/OPT) is not allowed until after your application is approved, and you have received authorization from our office or USCIS.
For questions about studying while your change of status is pending, please consult your VIS advisor.
Employment Issues
Students applying to change their immigration status are not eligible to work on campus until they have received the change of status approval notice from USCIS. This means students are not able to accept Teaching or Research Assistantships (TA or RA) until the change of status approval has arrived. Students who are unable to accept their TA or RA may be responsible for paying their own tuition and health insurance and are advised to discuss this situation with their hiring department.
Please consult with a VIS advisor if you have questions about working while your change of status is pending.
ADDITIONAL Considerations
If your current status is linked to a parent or spouseIf your current status (i.e. F-2, H-4, L-2, etc.) is tied to a parent or spouse's status, you must include photocopies of all applicable documents as proof of the primary visa holder’s legal status:
- Their I-94 record
- Their passport identity page, U.S. visa page, and most recent U.S. entry stamp
- Any other supporting materials that prove the primary visa holder is maintaining legal status
Changing your addressIf you need to move from your current place of residence and have not yet received your I-797 or your decision notice, be sure to update your address with USCIS by completing the online AR-11 Change of Address Form.
Failure to complete the AR-11 can lead to your documents being mailed to the wrong place. If your documents get lost in the mail, USCIS may charge a fee for sending duplicate documents. It may also further delay the processing time for your application.
Gap in statusTo prevent a “gap” in status, USCIS will grant the change of status to F-1 effective the day they approve an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status.
If USCIS approves your application more than 30 days before your program start date, you must ensure that you do not violate your F-1 status during that time. An example of a violation would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on your Form I-20.
If you are currently in lawful status filing for a change to F-1 status within the U.S., you may remain in the United States until you receive a decision from USCIS. However, you are not eligible for any F-1 benefits or privileges (i.e. working on campus, applying for practical training, etc.) until the change of status is approved.
IMPORTANT: If you plan to leave the U.S. after you have obtained the change of status, you must contact Visa and Immigration Services before leaving.
Withdrawing your COS applicationIf you apply for a COS in the U.S., then later decide to travel home for your new visa, you must contact VIS to confirm your plans and request a new initial I-20.
- Change of Status Through Travel & Reentry
Change of Status Through Travel and ReentryThe alternative method of changing to F-1 status is through travel and reentry. In this case, you would depart the U.S. and then apply for an F-1 visa at a U.S. Embassy abroad, preferably the local consulate in your home country.
If your F-1 visa application is approved and an F-1 visa is issued, you can reenter the U.S. using your I-20 and F-1 visa. At the port of entry, your electronic I-94 will be updated to show your status as F-1 and the "Admit Until Date" as D/S, which confirms F-1 status.
Please note that Canadian citizens are exempt from the requirement of having an F-1 visa to reenter the U.S. in F-1 status. However, travel and reentry is still required for Canadian citizens to obtain F-1 status.
For further information about travel and reentry and/or visa applications, refer to the U.S. Department of State website
APPLICATION PROCESS
Step 1: Request an Initial I-20- Submit the 'Change of Immigration Status to F-1' request in accessVIS.
- If eligible, your International Student Advisor will email you an Initial Form I-20.
Step 2: Depart the U.S. and schedule a visa appointmentReturn to your home country and schedule a visa interview at the U.S. Embassy.
Review our Applying for a Visa webpage for information on the application process.
Be sure to check the U.S. Embassy’s website where you will be applying for a list of required documents.
Step 3: Pay the SEVIS Fee.Pay the SEVIS Fee by completing the Form I-901 online at FMJfee.com. Proof of SEVIS fee payment will be required at your interview.
Step 4: Return to the U.S. in F-1 status.Once your passport has been returned by the U.S. Embassy with the F-1 visa stamp, you may return to the U.S.
Step 5: Complete the F-1 International Student Check-InUpon reentry, you must complete the mandatory F-1 International Student Check-In in accessVIS, so that your SEVIS record and F-1 status can be activated.
IMPORTANT CONSIDERATIONS
- The U.S. Embassy may require administrative processing of your application. This can be a timely process that cannot be expedited by Visa & Immigration Services.
- Applying for a visa status of any kind is always a risk. VIS cannot guarantee approval of your request for an F-1 visa.
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