Change of Status to F-1

• Overview

  A 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.

  A person of any nonimmigrant status except C, D, K, or M (and in some cases J), and except those who entered the United States under the terms of the Visa Waiver Program, can apply for a change to F-1 status if they have maintained lawful nonimmigrant status up to the time of their application.

  Those with J status who are subject to 212(e) two-year home country physical requirement may not change status in the U.S. unless a waiver has been granted.

  Nonimmigrants in A, G, or NATO status must first complete Form I-566, and have it properly endorsed by the foreign mission to the U.S. and the Department of State.

• Within the U.S.

  Change of Status Within the U.S.

  While it is recommended that you work with an Immigration Attorney, we have provided some helpful resources to assist you throughout the process. You must submit an application for change of status before your current authorized stay expires.

  You may be able to change to F-1 within the U.S. if:

  • You are maintaining your current status.
  • You are otherwise eligibile for F-1 status.

  You generally cannot change to F-1 from within the U.S. if:

  • Your period of authorized stay has already expired.
  • You have otherwise violated the conditions of your current status.
  • You are in J status and subject to the two-year home-country residence requirement.
  • You were admitted to the U.S. under the Visa Waiver Program (marked "W/T" or "W/B" on the I-94).
  • You currently hold C, D, K, or M status.

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  1. Request a 'Change of Status' I-20

  Complete all required forms within 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.

  2. File the I-539 with USCIS

  Your 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.

  3. Update VIS upon decision

  Please provide Visa and Immigration Services with a copy of your I-797 and your decision notice as soon as you receive them.

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  Important Considerations

  If your current status is linked to a parent or spouse

  If 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 address

  If 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 status

  To 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.

   

• Travel and Reentry

  Change of Status Through Travel and Reentry

  The 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.

  1. Request an Initial I-20

  Complete all required forms within the 'Change of Immigration Status to F-1' request in accessVIS. If you indicate that you wish to gain F-1 status through travel and reentry, you will be issued an 'Initial' I-20.

  2. Depart the U.S. and schedule a visa appointment

  Return to your home country and schedule a visa interview at the U.S. Embassy.

  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.  Check the U.S. Embassy’s website in your home country for a list of other required documents.

  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.

  5. Complete the F-1 Student Orientation and Immigration Intake

  Upon reentry, you must complete the mandatory International Student Check-In process so that your record can be registered in SEVIS.

  What to Expect

  • 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.
• Study Restrictions

  Study Restrictions

  If you apply for Change of Status to F-1 from within the U.S., you must follow the study restrictions (if applicable) of your current status until your COS is approved.

  If you are currently in F-2 status

  Individuals in F-2 status are eligible for part-time study. However, once your change of status to F-1 is approved, you are required to be enrolled full-time.

  If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part-time until the end of the current semester in order to maintain your F-2 status.

  If you are currently in B-1/B-2 status

  Individuals in B-1/B-2 status are prohibited from enrolling in a course of study until after USCIS approves their change of status application.

  If you are currently in any other status

  If your current status allows full-time studies in the U.S., you may start classes before your change of status application is approved.

  However, you are not eligible for employment under F-1 status (CPT/OPT) until after your application is approved and you have received proper authorization from our office or USCIS.