U.S. Student Visa Change of Status

1. What is the process for changing my student visa status in the U.S.?


The process for changing your student visa status in the U.S. depends on the type of visa you currently have and the type of visa you wish to apply for. Generally, the first step in changing your visa status is to file Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS). You may also need to provide additional documents, such as evidence of financial support, as part of your application. After USCIS has approved your application, you may be required to apply for a new visa at a U.S. embassy or consulate abroad.

2. How do I apply for a change of status from my student visa to another non-immigrant visa?


To apply for a change of status from your student visa to another non-immigrant visa, you must first obtain the necessary documents associated with that visa. You should then fill out the Form I-539 Application to Change Non-immigrant Status. You must also pay the appropriate filing fee and submit all of the necessary documents, such as evidence of financial support or proof of employment, depending on the new visa that you are applying for. Once you have submitted the form and documents, your application will be reviewed by a USCIS officer, who will make a determination on whether or not to grant your request.

3. How long does it typically take to obtain a change of status from a student visa to another non-immigrant visa?


The time frame to obtain a change of status from a student visa (F-1) to another non-immigrant visa such as H-1B or L-1 depends on the type of visa and the individual circumstances. Generally, it can take anywhere from 2 to 5 months for an application to be processed.

4. Are there any potential consequences of changing my student visa status?


Yes, there may be potential consequences of changing your student visa status. Depending on the status you are trying to change to, there may be various requirements and restrictions on your activities and rights. Additionally, any changes to your immigration status may affect your ability to re-enter the United States in the future. It is important to consult with an immigration lawyer before making any changes to your visa status.

5. Is there an age limit for applying for a student visa change of status?


Yes, there is an age limit for applying for a student visa change of status. Generally, applicants must be 18 years of age or older to be eligible for a student visa change of status.

6. Can I work in the U.S. while my student visa change of status is being processed?


In general, you cannot work in the U.S. while your student visa change of status is being processed. However, if you are changing your status from F-1 student to H-1B visa holder, you may be eligible for the “Cap Gap” extension which will allow you to work while your H-1B visa is being processed.

7. What documents are required in order to apply for a change of status from my student visa?


In order to apply for a change of status from a student visa, you will need to provide documentation such as proof of your intended purpose in the U.S. (such as a job offer or marriage certificate), proof of your ability to support yourself financially during the change of status process, evidence of your ties to your home country, and evidence that you have maintained your student status and are in good academic standing. You may also need to provide other documentation depending on the type of change of status you are applying for.

8. Are there any circumstances that would allow me to extend or renew my student visa while I am in the U.S.?


Yes, there are certain circumstances in which you may be able to extend or renew your student visa while you are in the U.S. You may be able to extend your student visa if you are transferring schools, have experienced an unexpected emergency, or need more time to finish your program of study. You may also be able to renew your student visa if it has expired and you want to stay in the U.S. for an additional period of time. In order to renew or extend your student visa, you must submit an application for a new visa to the U.S. Department of State and provide evidence that you are still qualified for the visa.

9. What happens if I do not receive approval for my student visa change of status before my current visa expires?


If you do not receive approval for your student visa change of status before your current visa expires, you must depart the United States and apply for a new visa at a U.S. Embassy or Consulate abroad before attempting to reenter the country.

10. What are the consequences of overstaying my student visa in the U.S.?


The consequences of overstaying your student visa in the U.S. can vary depending on how long you have stayed past the expiration date. For example, if you have stayed more than 180 days beyond your visa’s expiration date, you are generally considered to be unlawfully present in the U.S. In this case, you may not be allowed to renew your visa and may have to leave the country and apply for a new visa from outside the U.S. In addition, you may be barred from returning to the U.S. for up to 10 years. You may be subject to deportation proceedings and could be fined or even jailed for overstaying your visa.

11. Are there any special requirements for a student visa change of status to an employment-based non-immigrant visa?


Yes, depending on the type of employment-based visa you are applying for. Generally, you will need to submit a Form I-129 Petition for a Nonimmigrant Worker and any other relevant documents that prove the applicant is eligible for the visa. Depending on what type of employment-based visa you are applying for, additional documents and/or evidence may be required.

12. How can I check the status of my application for a change of status from a student visa to another non-immigrant visa?


To check the status of your application, you can visit the U.S. Citizenship and Immigration Services (USCIS) website and click on “Check Your Case Status.” You will then need to enter your receipt number, which you should have received from USCIS when you applied. Once you do this, you will be able to view the status of your application. You can also contact USCIS directly for further information if needed.

13. Can I travel outside the U.S. while my application for a student visa change of status is pending?


It is not recommended that you travel outside the U.S. while your application for a student visa change of status is pending. If you do travel outside the U.S. while your application is pending, it may be difficult for you to reenter the U.S.. You must check with the U.S. embassy or consulate in the country you are visiting to determine if a visa is required for your visit and whether it can be issued while your change of status application is pending.

14. Is there a fee associated with applying for a change of status from my student visa?


Yes, there is a fee associated with applying for a change of status from your student visa. The fee varies depending on the type of visa you are applying for and the country from which you are applying. You should consult the U.S. Citizenship and Immigration Services website for more information about fees associated with change of status applications.

15. Can I transfer schools while my application for a change of status from my current student visa is pending?


No, you cannot transfer schools while your application for a change of status is pending. You must wait until the application is approved before transferring schools.

16. How do I know if my current school is compliant with the requirements for a change of status from my current student visa?


Your school should be able to provide you with information on its compliance with the requirements for a change of status. You can contact the Designated School Official (DSO) or International Student Advisor (ISA) at your school for more information.

17. Are there any deadlines or deadlines that I need to be aware of when applying for a change of status from my current student visa?


Yes. You must submit your application for a change of status before the expiration date of your current visa. Additionally, the Department of Homeland Security has announced that certain international students who are currently in the United States with an F-1 visa may be eligible to apply for a change of status to a new status if they meet certain requirements. This includes those who are currently enrolled in an accredited institution, and have been lawfully present in the United States for at least five months. There is also an additional deadline to meet which is generally July 15th of each year.

18. Am I eligible for an expedited processing of my application for a change of status from my current student visa?


No, you are not eligible for expedited processing. All applications for a change of status are processed in order of receipt and there is no special process for expedited processing.

19. Can I get an extension on the length of time that I am eligible to stay in the U.S. as part of my application for a change of status from my current student visa?


Yes, it is possible to request an extension on the length of time that you are eligible to stay in the U.S. as part of your application for a change of status from your current student visa. You must fill out and submit Form I-539, Application to Extend/Change Nonimmigrant Status to the U.S. Citizenship and Immigration Services (USCIS). An immigration attorney can help you with the process.

20. Is it possible to apply for permanent residence (green card) after changing my student visa status in the U.S.?


Yes, it is possible to apply for permanent residence (green card) after changing your student visa status in the U.S. Depending on the specific circumstances, you may be eligible to do so through the Adjustment of Status process. You should consult with an immigration lawyer to determine if you are eligible for this process and what steps you need to take to apply.