How to Change Visa Status
Once in the U.S., it is possible to change one’s immigration status from one visa type to another. For example, one could adjust status from an F-1 student visa to an H-1B work visa. To be eligible, the applicant should have a valid nonimmigrant status, should not have committed any crimes, and have not violated any conditions of their visa status.
Steps to Change Visa Status
The application process depends on which non-immigrant status the applicant wants to change to.
Employment-based nonimmigrant categories:
The prospective employer files Form I-129, Petition for a Nonimmigrant Worker, before the applicant’s Form I-94 expires. The Form I-94 contains details of their arrival and departure dates to and from the U.S.
All other nonimmigrant categories:
1. The applicant files Form I-539, Application to Extend/Change Nonimmigrant Status, at the USCIS center. This can be done in two ways.
- If eligible, it can be filed using the USCIS Electronic Immigration System.
- Others can file the paper application. The addresses where the application can be filed are located on the USCIS website.
2. The applicant attaches the filing fee with the application.
The fee varies according to the visa type.
3. The applicant awaits confirmation from USCIS.
If the applicant has attached a completed Form G-1145, Notification of Acceptance of Application/Petition with the application, he/she will receive an email/text message, when their application has been accepted.
4. The applicant awaits a decision from USCIS.
The decision will be informed to the applicant by mail. If rejected, they will have to depart immediately from the U.S.
