The University of Texas Rio Grande Valley
International Admissions and Student Services Office of Global Engagement
Change of Status to F-1
When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. You may enter the U.S. with one purpose and later change your purpose. When this happens, you may need to obtain a new status. Different visa/status categories allow different activities.
Schedule an appointment with your International Student Advisor, as soon as you know you must obtain a new status. The process can be challenging, and we want to discuss your options with you.
International Student Advisors are not immigration attorneys. We strongly advise you to consult an immigration attorney about your plans to apply to obtain F-1 status.
Leave the U.S., apply for a new visa at a U.S. consulate, and reenter the U.S. with the new visa and other relevant documents. You will gain your new status when you are admitted into the U.S.
Advantages
- This process is usually faster than changing status in the U.S.
- You will obtain the visa and the status
Disadvantages
- Possibility of visa processing delay
- Expense of travel.
*NOTE: Be sure to check with the U.S. Embassy/Consulate where you will be applying for your F-1 visa to ensure what documents they will require.
Submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. Fees and instructions are on the USCIS I-539, Application To Change Nonimmigrant Status webpage.
This option allows you to change your nonimmigrant status while remaining in the U.S. With this option you may gain the new status but you will not receive a new visa; visas are only issued outside the U.S.
Advantages
- Ability to stay in the U.S. during processing
- Avoid the hassle of a visa application process (for now)
Disadvantages
- Processing can be very slow (six to nine months, and as long as one year), which may jeopardize your ability to begin your new activity, such as studying or accepting a research or teaching assistantship or other campus employment.
- You must stay in the U.S. during processing; exiting the U.S. cancels the application
- You must still obtain a visa stamp to match your status the next time you travel outside the U.S. (except for trips under 30 days to Canada or Mexico)
- The application might be denied, which could require you to quickly depart the U.S.
When deciding which option is best for you, you should consider various factors:
- Upcoming travel plans
- Application processing times
- The expiration date or special conditions of your current status.
The regulations of your future status will help determine if it is best to travel and reenter or apply to change status in the U.S. The following general information explains the process for applying to change nonimmigrant status in the U.S.
Eligibility
You may be able to change status if:
- You are maintaining your current status.
- You are eligible for the new status.
- Your current status does not prohibit change of status in the U.S. See below for restrictions.
You generally cannot change status if:
- Your period of authorized stay has already expired.
- You have otherwise violated the conditions of your current status.
Restrictions
- Individuals in J status who are subject to the two-year home-country residence requirement can change only to A or G status.
- Persons admitted under the Visa Waiver Program (marked “W/T” or “W/B” on the I-94) cannot change nonimmigrant status.
- Persons who hold C, D, or K status cannot change nonimmigrant status.
- A vocational student in M status cannot change to F status.
- Schedule an appointment with your International Student Advisor
- Complete the New I-20 Request Form.
- Submit the Certificate of Financial Responsibility and Financial statements to IASS
- Submit copy of your Non-Immigrant documents to IASS
- Pay SEVIS fee at https://www.fmjfee.com/.
- Travel to a U.S. consulate to apply for F-1 visa.
- Re-enter the U.S. in F-1 status and check-in with IASS upon arrival.
Option 2 (with USCIS):
- Schedule an appointment with your International Student Advisor
- Complete the Change of Status Application form.
- Submit required documents to IASS and obtain an I-20.
- Pay SEVIS fee at https://www.fmjfee.com/.
- Submit your I-539 form along with required documentation to USCIS
- Submit your I-539 payment
- Pay SEVIS fee at https://www.fmjfee.com/.
- While application is pending, applicants should remain in the U.S.
- Once approved, applicant needs to check in with ISS.
- If application is denied, the time between the end of student’s legal status (for example, H-1B) and the date of denial may be counted as unlawful presence by U.S. government authorities.
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Once approved, student must comply with F-1 regulations, including full-time enrollment requirement upon entering the U.S. with F-1 visa, or from approval date listed on I-797 (approval notice).
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If you are currently in a dependent visa status (i.e. F-2 or H-4) then the term “primary visa holder” refers to the person who has applied to have you as their dependent (i.e. the person in F-1 or H-1B status).
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If you are on a J-1 or a J-2 visa and are subject to the 2 Year Home Stay Requirement (INA 212(e) Home Residence Requirement), you cannot change your status in the U.S.; you must travel to your home country to change your visa status.
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Both the applicant for F-1 status, as well as the primary visa holder (e.g. F-1, H-1B), must be in legal status in order to be eligible for a Change of Status to F-1.
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Individuals who have applied for Lawful Permanent Residence should speak with an Immigration Attorney before considering a Change of Status to F-1.
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If a Change of Status to F-1 is granted by USCIS, the applicant obtains F-1 status, but not an F-1 visa. The next time they leave the country, they must apply for an F-1 visa at a U.S. Embassy/Consulate in order to re-enter the U.S.
- Applicants currently in a status that does not permit full-time study (i.e. F-2, B-1, B-2, etc.) must wait for the Change of Status to be approved by DHS before they can enroll in classes.
Are there special considerations changing from E-2 to F-1?
You cannot work on campus until you are officially in F-1 status.
You must be able to maintain your current E-1/E-2 status until your F-1 status is approved. If your E-1/E-2 status will expire prior to your F-1 approval (and the timing is difficult to predict), your application will most likely be denied. Even though you are allowed to stay in the U.S. while the application is pending, if your application is likely to be denied, it may be better for you to travel, obtain an F-1 visa abroad, and reenter the U.S. in F-1 status.
Are there special considerations changing from F-2 to F-1?
F-2 status allows part-time study only. You cannot begin full-time classes until you are in F-1 status.
You cannot work on campus until you are in F-1 status.
Are there special considerations changing from H-1 to F-1?
The regulations prohibit working on campus until the change to F-1 status is approved.
You must be able to maintain your H-1 status up until your F-1 status is approved. If your H-1 status will expire prior to your F-1 approval (and the timing is difficult to predict), your application will most likely be denied. Even though you are allowed to stay in the U.S. while the application is pending, if your application is likely to be denied, it will be better for you to travel, obtain an F-1 visa abroad, and reenter the U.S. in F-1 status.
In addition, you cannot continue working in your H-1 approved job after your F-1 status is granted.
Are there special considerations changing from H-4 to F-1?
While H-4 status allows full-time study, employment may be restricted. Certain H4 dependents may be eligible for employment authorization. If you are not eligible for work authorization, then you are not permitted to begin working on campus until the change to F-1 status is approved and you are within 30 days of your I-20 start date.
Are there special considerations changing from L-2 to F-1?
While L-2 status allows full-time study, employment may be restricted. L-2 spouses may be eligible for employment authorization, but L-2 dependent children cannot work. If as an L-2 you are not eligible for work authorization, then you are not permitted to begin working on campus until the change to F-1 status is approved and you are within 30 days of your I-20 start date.
If I apply to USCIS, how will I know the decision?
USCIS will notify you of their decision with Form I-797 Notice of Action. The I-797 is an important document and should be kept with your passport and I-94 card. The denial letter or approval notice will be mailed to the address listed on Form I-539 in your application. Note that if you change your address, the postal service will not forward mail sent to you by USCIS.
If I apply to USCIS, what are the travel rules?
You must remain in the U.S. while your application is pending. If you leave the U.S., USCIS will consider your application abandoned and deny the application. Consult your immigration attorney or IASS if you must leave the U.S. during USCIS processing.
After your F-1 status is approved by USCIS, to re-enter the U.S. after a trip abroad (except for brief trips to Canada or Mexico under 30 days), you must visit a U.S. consulate to request an F-1 visa to match your F-1 status. Contact IASS for information about documents and procedures for re-entering the U.S.
When can I start working on campus, apply for CPT, OPT, etc.?
Do not begin working on campus until you are officially in F-1 status. For OPT, CPT elegibility, please make an appointment with your International Student Advisor.