Change of Visa Status
Application to DHS for F-1 Status |
Application to DHS for F-2 Status |
Effecting Change of Visa Through Reentry into the U.S.
Change of Visa Status
Due to the complexity of eligibility requirements, legal status issues
and personal situations, ISSS strongly advises that individuals discuss
their plans for change in status with an ISSS adviser.
A change in status may be effected in one of two ways:
- An application for Change in Status submitted to
the
Department of Homeland Security (DHS). Processing
time varies; it could take DHS 2 to 9 months to process the application.
- Reentry into the U.S. with the new visa type. The individual
would be required to have a valid entry visa stamp and a visa
document appropriate to the visa type s/he intends to establish
with reentry.
Application to DHS for F-1 Status
There is no guarantee that DHS will approve an application for a change
in status request. Individuals are advised to discuss the application
with an ISSS adviser. The ISSS adviser will also assist in determining
which DHS Service Center the application should be mailed to.
- Applicant must be in legal status to apply for a
change in status.
- Applicant must have been in current visa status for at least
three months before submitting an application to DHS.
- Individual holding a tourist waiver status is not eligible to
apply for a change in status.
- Applicant is not eligible for on or off campus employment (including
assistantship) until the F-1 status has been approved by DHS
- Students offered an assistantship can ask an ISSS adviser to
request an “Expedite” on their application.
- Denial of application may have serious legal consequences.
Consult with an ISSS adviser.
- Applicant is not required to maintain full-time studies until
the F-1 status has been approved.
- B1/B2 and F-2 visa holders cannot enroll for classes until the F-1 status
has been approved. Discuss the timing of a change in status application
with an ISSS adviser
Please Note:
All persons applying for a change of status to F-1 must pay a $100 SEVIS fee before submitting their applications. For more information, go to the SEVIS Fee web page. Note that this $100 fee is in addition to the change of status application fee payable to USCIS.
F-2 to F-1 - Submit to DHS:
- Form I-539
- Form I-20 (all pages – sign and date before submitting)
- Photocopy of both sides of Form I-94
- Photocopy of spouse’s Form I-94
- Photocopy of spouse’s I-20 and Dependent I-20
- Photocopy of dependents’ Form I-94 (both sides) if applicable
- Photocopy of identity and validity pages of passport
- Documentary evidence of funding
- Appropriate fee payable to USCIS
- Include a letter explaining why you need a Change of Status
- Copy of SEVIS Fee Receipt
H-1B to F-1 - Submit to DHS:
- Form I-539
- Form I-20 (all pages – sign and date before submitting)
- Photocopy of both sides of Form I-94
- Photocopy of I-797 – Approval Notice
- Photocopy of dependents’ Form I-94 (both sides) if applicable
- Documentary evidence of funding
- Appropriate fee payable to USCIS
J-1 to F-1 - Submit to DHS
- Form I-539
- Form I-20 (all pages – sign and date before submitting)
- Photocopy of Form I-94
- Photocopy of Form I-94(s) for dependent(s), if applicable
- Documentary evidence of funding
- Appropriate fee payable to USCIS
- Waiver of foreign residence requirement, if applicable
- Photocopies of all previous DS-2019
forms
Application to DHS for F-2 Status
There is no guarantee that DHS will approve an application for a change
in status request. Individuals are advised to discuss the application
with an ISSS adviser.
- Applicant’s F-1 spouse must request an I-20
from the ISSS I-20 Secretary for Spouse change of status listing
the applicant as a dependent.
- Applicant must be in legal status to apply for a change in status.
- Applicant must have been in current visa status for at least
three months before submitting an application to DHS.
- Individual holding a tourist waiver status is not eligible to
apply for a change in status.
- Denial of application may have serious legal consequences. Consult
with an ISSS adviser.
Submit to DHS:
- Form I-539
- Form I-20 (all pages – F-1 Spouse must sign and date before
submitting)
- Photocopy of both sides of Form I-94
- Photocopy of spouse’s Form I-94
- Photocopy of spouse’s I-20
- Photocopy of dependents’ Form I-94 (both sides) if applicable
- Photocopy of marriage certificate
- Photocopy of Form I-797 – Approval Notice (if applying
for H-1B to F-2 status)
- Documentary evidence of funding
- Appropriate fee payable to USCIS
Effecting Change of Visa Through Reentry into the
U.S.
Reentry into the United States under a new visa type requires a valid
entry visa stamp issued by the U.S. embassy or consulate (i.e., reentry
to gain F-1 status requires a valid F-1 entry visa stamp in the passport).
There is no guarantee that a student will be successful in obtaining
a new entry visa stamp. Individuals are advised to discuss their reentry
plans with an ISSS adviser.
Caution: Effecting a change of visa through reentry from Canada
or Mexico may not be an option for the following reasons:
- Individuals will need to apply for a new entry visa stamp at
the U.S. Consulate.
- Individuals who apply for a new entry visa stamp are not eligible
to reenter the U.S. under automatic revalidation.
- If the entry visa stamp is denied, reentry into the U.S. will
be denied – even reentry in the previous visa status. Individuals
will need to return to their home country from Canada or Mexico .
Last Update:
November 14, 2007
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