Change of Status

Change of Status is a legal tool that allows a person in the United States under a nonimmigrant visa to apply to change to another nonimmigrant visa without leaving the country.

This is different from adjustment of status, which is used to apply for permanent residence (Green Card).

In what cases does it apply?

This procedure is common when a person wishes to change the purpose of their stay in the U.S. For example:

You entered as a tourist (B-2 visa) and then decide to study a course or career: you can apply to change to a student visa (F-1 or M-1).

You entered on an exchange visa (J-1) and then receive a job offer: You may be able to apply to change to an H-1B temporary work visa, if you qualify.

General requirements

To request a change of status, you must:

Have legally entered the U.S. with a valid visa.

Not having violated the terms of your current status (for example, not having worked without authorization).

Have a legitimate and documented reason for changing your visa.

Submit your application before your current status expires.

Meet the specific requirements of the new visa category.

Have institutional or employer support if applicable (such as a certified school or a formal job offer).

How do I apply?

The application must be made to USCIS using Form I-539 (for changes within nonimmigrant categories) or the corresponding form if the change involves sponsorship (such as Form I-129 for employers).

What does not allow the change of status?

You cannot change your status if your visa has expired or if you have already violated the conditions of your visa.

A change of status does not grant a new visa in your passport. If you leave the country, you must obtain a new visa from an embassy or consulate.

It is not a direct path to permanent residence.

Frequently Asked Questions (FAQs)

Can I start the new activity (like studying) while the change is being processed?

No. You must wait for USCIS to approve your change of status before beginning the new activity, unless you have express authorization.

Can I leave the country while my change of status is being processed?

Not recommended. If you leave the country, you will be considered to have abandoned your visa application, and you will need to apply for a new visa from an embassy or consulate.

How long does the process take?

Time varies, but can take between 3 and 12 months, depending on the type of change requested and USCIS workload.

Does changing my status guarantee that I will be granted a new visa?

No. The change of status only applies within the U.S. If you leave the country, you will need to apply for a new visa in your home country, and it may be approved or denied.

Does the change of status allow me to work?

Only if the new visa allows it. For example, if you change to an F-1 (student) visa, you will have work restrictions. If you change to an H-1B (work) visa, you can work once it’s approved.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.