Changing Nonimmigrant Status

A person's nonimmigrant status must match the purpose of his/her stay in the U.S.  A change of status may be necessary when the objectives of the visit have changed. For example, a person may come to the U.S. to study on an F-1 student visa and then later decide to change to a J-1 Research Scholar to do postdoctoral work after completing his/her Ph.D. degree.

Changing nonimmigrant status can be a complex process.

The timing of the change is critical and must be done with care to avoid falling out of status during the transition. Before you undertake a change of status, it is critical that you speak with an adviser at Berkeley International Office about the process as early as possible to determine the appropriate process and timeline. If you choose to change status by applying to USCIS, BIO also recommends that you consult with an immigration attorney experienced with student change of status cases.

In general, there are two ways to change nonimmigrant status: 

  1. Travel outside the U.S. to apply for a new F or J visa and re-enter in the new F or J status, or
  2. Remain in the U.S. and request a change of status by application 
    to the U.S. Citizenship and Immigration Services (USCIS). Consult a BIO adviser for a checklist.

COMPARE THE DIFFERENT PROCESSES

 

CHANGE BY TRAVEL

CHANGE BY USCIS- USCIS Fees are changing Oct 2, 2020!

Cost

  • Applications postmarked BEFORE 10/02/2020: 
    USCIS Fee of $370 via check, money order, or credit card AND *$85 per applicant/co-applicant

  • SEVIS Fee

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USCIS fees may be changing, but there are currently pending lawsuits which may impact the fee amounts and current form requirements. 

  • Applications postmarked ON or AFTER 10/02/2020:

    ON or AFTER October 2, 2020, please check the USCIS I-539 web site  and USCIS Fee calculator ON THE DATE OF MAILING to be certain you are using the correct form edition and submitting the correct fee(s).

    Print the USCIS Fee Calculation  ON THE DATE OF MAILING and include it with your application. Make certain the printout includes the date.

Processing
Time

Changing nonimmigrant status via travel requires visiting a U.S. consulate outside the U.S. to obtain the new visa stamp, so the length of time is dependent on how long that process will take. Due to delays, long processing times and security checks, we recommend speaking with an adviser at Berkeley International Office before choosing this option. Visa processing without security checks can be from 7-21 days. Security checks can take an additional 3 months.

NOTE:  Your re-entry date to the U.S. may be up to 30 days prior to your DS-2019 or I-20 start date.  If your re-entry date is delayed, notify your department and Berkeley International Office.

USCIS processing time for a change of status can vary. In recent Berkeley International Office experience, the process can take approximately 4-6 months or more. Biometrics scheduling will take 17 days on average (assuming no re-scheduling of biometrics requested). Processing times are subject to change and not guaranteed. Check USCIS Processing Times for the Service Center at which you submit your I-539 request.

NOTE:  This process does NOT provide you a new visa stamp.  The next time you travel outside the U.S. you will need to visit a U.S. consulate or embassy to apply for a new visa that reflects your changed status.

While the application is processing, the change of status petitioner may not leave the U.S. or the application will be considered abandoned.

If your current US immigration status expires while the change of status is pending, this may cause serious problems with the change of status request.

Other Concerns

It is very difficult to obtain a visa stamp in Canada or Mexico if you are not a national of that country.  If denied a visa, you must return to your home country to apply for a visa there. Berkeley International Office does not recommend applying for a visa stamp in either Canada or Mexico unless you are a legal resident of these countries.   

Due to time restraints, changing nonimmigrant status via application to USCIS may not be the best option for certain student/scholars needing to begin full-time study or employment within less than 4-6 months.

If your current U.S. immigration status will expire within 6 months of filing for your change of status, changing status via USCIS may not be possible or may have a very high risk of denial.

Study or Employment in B-1/B-2 Status:
Visitors in B-1/B-2 status cannot begin full-time or degree-seeking study or begin employment until the change of status to F-1 or J-1 is approved by USCIS.

Study or Employment in F-2 Status:
F-2 dependents may not begin employment until the status change to F-1 or J-1 is approved by USCIS. F-2 spouses and children may enroll in UC Berkeley academic programs for less than a full course of study. F-2 spouses and children may not enroll full-time in a UC Berkeley program until a change of status to F-1 or J-1 is approved by USCIS. 

Employment Issues:
F-1 or J-1 employment cannot be authorized until the change of status to F-1 or J-1 has been approved by USCIS. Until the F-1 or J-1 change of status has been approved, refer to the employment authorization rules which apply to your current visa status. Be aware that if your current visa status expires and your F-1 or J-1 change of status is still pending, no employment authorization is possible.

Prior J-1 Status Holders:
Individuals subject to the J-1 Two Year Home Country Physical Presence Requirement are not eligible for change of status within the US unless they have proof that they have been waived of the requirement.