Change of Status in the US

If you wish to change the purpose of your visit while in the United States, you (or, in some cases, your employer) must file a request with USCIS using the appropriate form before your authorized stay expires. For example, if you entered the U.S. as a tourist but wish to become a student, you must submit an application to change your status. It is advisable to apply as soon as you decide to change to a different nonimmigrant category.

At Barutcu Law, we guide you through the process of changing your nonimmigrant status, ensuring that your application is complete and properly filed to maximize your chances of approval. Contact us for personalized assistance with your change of status application.

To change your nonimmigrant status, you must file Form I-539, Application to Extend/Change Nonimmigrant Status. Certain nonimmigrants can use this form to extend their stay or change to another nonimmigrant status, but certain employment-based classifications must be filed using Form I-129, Petition for a Nonimmigrant Worker, rather than Form I-539. Filing your request on the wrong form may result in the rejection or denial of your case. USCIS will not refund your filing fees if your case is denied. Barutcu Law Office will help you file the correct form and assist you in changing your status.

Certain classifications of Form I-539, Application to Extend/Change Nonimmigrant Status, can use Form I-907, Request for Premium Processing Service, to request faster processing and receive a decision within 30 days. Barutcu Law Office will help you file Form I-907, Request for Premium Processing Service.

Until you receive approval from USCIS, do not assume your status has been changed, and do not alter your activities in the United States. For instance, if you are currently a nonimmigrant tourist, you should not begin attending school until you have received authorization from USCIS to change your status. Failing to maintain your current nonimmigrant status may lead to being barred from reentry or deportation from the United States. Your authorized status and expiration date can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you:
– Were lawfully admitted to the United States with a nonimmigrant visa.
– Maintain a valid nonimmigrant status.
– Have not violated the conditions of your current status.
– Have not committed any crimes that would make you ineligible.

You do not need to apply for a change of status if:
– You were admitted under the B-1 visa category for business reasons and wish to stay for pleasure before your authorized stay expires.
– You are the spouse or child of someone admitted under certain nonimmigrant visa categories and wish to attend school in the U.S.

You may not apply to change your nonimmigrant status if you were admitted under the following categories (unless applying for T or petitioning for U nonimmigrant status):
– Visa Waiver Program
– In transit through the U.S. (C visa)
– Fiancé(e) of a U.S. citizen or dependent of a fiancé(e) (K visa)

Cannot change status to academic student (F-1) or to any H status if the training received as a vocational student provided qualifications for the temporary worker position sought.

Cannot change status if admitted for graduate medical training (unless a special waiver is received) or if subject to the foreign residence requirement (unless a waiver is received). Without a waiver, J-1 holders may only apply to change to A or G visa statuses.

At Barutcu Law Office, we guide you through the process of changing your nonimmigrant status, ensuring that your application is complete and properly filed to maximize your chances of approval. Contact us for personalized assistance with your change of status application.