Steps to Change Your Visa Status Without Leaving the U.S.

It is possible to change your visa status while in the U.S. through United States Citizenship and Immigration Services (USCIS), but it needs to be planned carefully, documented, and legally compliant. Most nonimmigrants apply for a change of status (COS) to change from one visa category to another—education, employment, or family.

This guide provides a step-by-step process on how to make a change in your visa status in the U.S. and includes important aspects like eligibility, forms needed, timelines, and pitfalls to watch out for.

1. Visiting Visa Status vs. Visiting Visa Type

Before applying for a change of status, it’s important to distinguish between visa type and visa status:

• Visa Type: The type for which an individual is admitted into the U.S. (for example, B1/B2, F1, H1B, L1, J1).
• Visa Status: Official authorization to remain in the U.S. on a particular visa category.

A change of status enables one to change from one visa category to another without departing the U.S. But it doesn’t issue a new visa stamp, which is needed for re-admission into the U.S. after international travel.

2. Who Is Eligible or Not to Change Status?

Who Is Eligible to Change Status?

To change your status, you must:

• Be in the U.S. on a valid nonimmigrant visa.
• Not have violated the conditions of your existing visa (e.g., overstaying your approved duration).
• Apply before your existing visa expires.

Who Cannot Get a Status Change?

Some visa holders are not eligible to apply for a change of status within the U.S.:

• Visa Waiver Program (VWP) visitors (ESTA travelers).
• C (Transit Visa), K (Fiancé Visa), and D (Crewmember Visa) holders.
• J1 visa holders with a home residency requirement of two years (unless a waiver is granted).

3. Typical Visa Status Changes in the U.S.

1. B1/B2 to F1 (Tourist to Student)

• Become admitted to a U.S. school.
• Receive Form I-20.
• Submit Form I-539 before visa expiration.

2. F1 to H1B (Student to Work Visa)

• Secure an employer sponsor.
• Apply for OPT or CPT for temporary employment.
• Participate in the H1B lottery and submit Form I-129.

3. H1B to Green Card (Work Visa to Permanent Residency)

• Employer submits PERM Labor Certification.
• File Form I-140 (Immigrant Petition).
• Adjustment of Status application (Form I-485).

4. J1 to H1B or Green Card (Exchange Visitor to Work/PR)

• Possibly needs a waiver of the two-year home residency rule.
• Employer sponsorship is required for an H1B or Green Card.

5. F1 to Green Card (Student to Permanent Residency)

• Marriage to a U.S. citizen or permanent resident.
• Employer sponsorship on EB-2 or EB-3.
• Apply through the EB-5 Investor Visa Program.

6. L1 to Green Card (Intra-Company Transfer to Permanent Residency)

• Qualify for EB-1C (Multinational Executive/Manager).
• No labor certification is needed.
• Apply for Adjustment of Status (Form I-485).

7. B1/B2 to H1B (Tourist to Work Visa)

• Secure an H1B sponsor.
• Change status through Form I-129.
• Unable to work until H1B is approved.

8. O1 to Green Card (Extraordinary Ability to Permanent Residency)

• Apply for an EB-1A Green Card.
• Self-petition allowed (no employer).
• Provide proof of extraordinary accomplishments.

9. H4 to H1B (Dependent to Work Visa)

• Find an employer willing to sponsor H1B.
• Apply in the H1B lottery.
• If H4 EAD is eligible, work authorization may already exist.

10. TPS/DACA to Green Card (Temporary to Permanent Residency)

• Marriage to a U.S. citizen.
• Employment-based sponsorship.
• Special immigration programs (e.g., asylum, VAWA).

Each visa status change has specific eligibility criteria, processing times, and documentation requirements. Consulting an immigration attorney can help navigate the process smoothly.

4. Step-by-Step Process for Changing Visa Status

The process of changing your visa status follows these key steps:

Step 1: Determine Your Eligibility for the New Visa Category

Before applying for a change of status, ensure:

• Your new visa category is available for transition.
• You meet all eligibility requirements, including financial and employment qualifications.
• You apply before your current visa status expires.

Step 2: File Form I-539 or I-129 with USCIS

Based on your visa category, you will need to submit:

• Form I-539 (Application to Extend/Change Nonimmigrant Status) – For most visa changes, such as B2 to F1 change of status, H4 to F1 change of status, and F2 to F1 change of status.
• Form I-129 (Petition for a Nonimmigrant Worker) – For employment-based visa changes such as H1B to F1 change of status or L1 to H1 change of status.

Both must be filed with USCIS with supporting documents.

Step 3: Collect Necessary Documents

Each change of status application takes a lot of documentation, including:

• Valid Passport & Visa – Your passport should have a validity period of at least six months.
• I-94 Arrival/Departure Record – Verifying your legal admission and present status.
• Evidence of Financial Support – Bank accounts, letters of support from a sponsor, or confirmation of employment.
• Education & Work Documents – Transcripts, offer of employment letters, or employer contracts.
• Marriage/Birth Certificates (if filing as a dependent).

For instance, a change of status from B2 to F1 demands documents required for change of status from B2 to F1, such as:

• Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) from a U.S. school.
• Documentation of having the financial means to pay tuition fees and living costs.
• Letter of intent stating why you wish to study in the U.S.

Step 4: Pay the USCIS Filing Fees

• Form I-539 Fee: $370 + $85 (biometrics).
• Form I-129 Fee: Depends on the type of visa ($460 for H1B).
• Change of Status Premium Processing Fee (if available): $2,500.

5. Visa Status Change Application Processing Times

The change of status timeframe is dependent on a variety of factors, such as visa type, USCIS processing location, and existing caseload.

Estimated Processing Times

• H1B to F1 change of status processing time – 4 to 8 months.
• B2 to F1 change of status processing time – 6 to 12 months.
• F1 to H1B change of status processing time – 3 to 6 months (or 15 days with premium processing).
• J1 to F1 change of status processing time – 3 to 8 months.

6. How to Check Your Application Status

Applicants can check their status of change through the USCIS Case Status Tool with their receipt number.

Change of Status vs. Consular Processing

What Is the Difference?

1. Change of status (COS): Apply within the U.S. without having to leave.
2. Consular processing: Leave the U.S. and submit an application for a visa at a U.S. consulate abroad.

When to Select Consular Processing?

• In case your change of status is rejected, applying in your home country may increase approval odds.
• H1B consular processing vs. change of status is utilized typically when the employer requires faster processing.

Conclusion & Final Checklist for Applicants

Understanding consular notification vs. change of status, having a status complete policy, and keeping away from out of status situations are the success factors for an application.

For the individuals who intend to have an F1 to H1B change of status, without moving to a B2 to F1 change of status or H1B to F1 change of status, this guide offers the knowledge required to successfully make the transition.

Require Visa Status Change Expertise?

Passage Law offers expert immigration assistance to guide you through visa changes effectively. Call us now for a consultation! Visit Passage Law to begin.