There are two ways that individuals in the United States in a non-immigrant status may change to a different immigration status. They may:
USCIS reviews applications for change of status based on an applicant's ability to document and justify a change of intent after arrival to the United States. Applications are approved at the discretion of the USCIS adjudicator.
Please note the applicant's current non-immigrant status must be valid at the time the application is received at USCIS and that the current status will continue to be valid up until the date that the new status is requested to begin. If USCIS determines that the change would be approved more than 30 days in advance of the program start date, there is a chance the application could be denied. It is recommended that individuals contact an ISS advisor to discuss their eligibility to apply for change of status and the timing of the application.
Applicants must submit the documents listed below to USCIS. An applicant may need to include additional documents depending on the immigration status he or she currently holds. Please refer to the appropriate instructions in the section immediately below.
Individuals currently holding dependent status should also include copies of the primary's passport, I-94, and proof of status.
Individuals in certain immigration categories will need to supply additional documentation with the change of status application and/or meet certain eligibility criteria. Please consult an ISS advisor with any questions about documentary or eligibility requirements.
Change of Status from H-1 or H-4
In addition to the items in the section above, applicants should include:
Once the change of status to F-1 or J-1 student is effective, the individual must stop working for the H-1 employer.
It is permissible to begin study while the change of status application is pending.
Change of Status from F-2
In addition to the items in the section above, applicants should include:
The F-1 status must be approved before commencement of study is permitted.
Changing from B-1 or B-2
Applications for change of status from B-1 or B-2 to F-1 made by individuals who have either already applied to US schools from abroad or who apply for a change of status shortly after entry to the United States are routinely denied. However, if the B-2 visa is marked prospective student, the change of status may be approved.
The F-1 status must be approved before commencement of study is permitted.
