Understanding USCIS Change of Status Process

At a glance: Every year, thousands of individuals navigate the United States Citizenship and Immigration Services (USCIS) Change of Status (COS) process, seeking to adjust their legal status within the U.S. Facing a complex system, these applicants often encounter a daunting array of forms, deadlines, and legal requirements.

Understanding the COS process is crucial for those who intend to seek educational opportunities and work authorization in the U.S.

What Is Change of Status?

Change of status in immigration refers to the process of transitioning from one nonimmigrant visa classification to another while staying in the United States. To be eligible, the applicant must have been lawfully admitted, maintain valid nonimmigrant status, and comply with the conditions of their current status. However, if deemed "inadmissible," a change of status may be denied, potentially leading to your immigrant status becoming invalid. In this blog post, we will provide an overview of the requirements and essential considerations for the USCIS change of status process. This guide is for you if you are an:

1. International students looking to use Day 1 CPT, 
2. F2 visa holder, 
3. Laid-off H1B worker, 
4. H4 visa holder without an EAD, 
5. Expelled F1 student, 
6. B1/B1/J1 visa holder looking to change status to F1

 Let's explore the USCIS change of status process in detail.

Understanding Your Current Visa

It's essential to recognize your current immigrant status to navigate the structures of different visa categories. Each immigrant status carries its requirements and rulings. If you fail to adhere to them, you may face unwanted consequences.

The USCIS has several immigrant status categories, and those most relevant to international students are: 

• F-1: This is a non-immigrant visa for those who want to study in the U.S. It is for full-time students enrolled in a post-secondary academic institution in the U.S. 

• STEM Optional Practical Training (OPT): This status is for international students who have earned degrees from U.S. universities in particular science, technology, engineering, and mathematics (STEM) fields. USCIS has updated and expanded the list of degree fields qualifying for this status. From the above, you can quickly see your visa categories. Below are all the categories in detail.

• F-2: This is a non-immigrant visa for the dependents (spouses and unmarried children under 21 years of age) of the F-1 visa holders.
• M-1: This is a non-immigrant visa for those who want to pursue vocational or other nonacademic programs other than language training.
• J-1: This is a non-immigrant visa for individuals approved to participate in work-and-study-based exchange visitor programs in the U.S. 

• J-1 Exchange Visitor Status: This status is for individuals approved to participate in work- and study-based exchange visitor programs. 

• H-1B: This is a non-immigrant visa that allows foreign workers in specialty occupations to work for U.S.-based employers. 
• H-4: This is a non-immigrant visa for the immediate family members (spouse and children under 21 years of age) of the H-1B visa holders. 
• O-1: This is a non-immigrant visa for individuals who possess extraordinary ability in the sciences, arts, education, and business. 
• L-1: This non-immigrant visa allows companies operating in the U.S. and abroad to transfer certain classes of employees from their foreign operations to their U.S. operations for up to seven years.
• B-2: This is a non-immigrant visa for persons who want to enter the U.S. temporarily for pleasure, tourism, or medical treatment.

Identifying Eligible Status Options

The statuses that are available for change of status are:

• F-1, M-1, or J-1: must apply to Extend/Change Nonimmigrant Status prior to the expiration of their current status in order to change status to F, M, or J. 
• H-1B: F-1 students can change their status to H-1B if hired by a U.S. employer willing to sponsor their H-1B petition. 
• Other employment-based petitions (e.g., O-1, R-1, E-2, TN, P-1, L-1): F-1 students can change their status to these categories if they meet the specific requirements and are hired find a U.S. employer or other valid sponsor.
• Non-employment-based status (e.g., H-4, F-2, and other dependent statuses, as well as J-1, M-1, and B-2): F-1 students can change their status to these categories if they meet the specific requirements.

Initiating Change of Status Application

Before embarking on the Change of Status (COS) application pathway, one must thoroughly understand the immigration eligibility under U.S. immigration law. 

To kickstart the process, applicants must compile the necessary documentation, including Form I-539 （Application to Extend/Change Nonimmigrant Status） or Form I-129 （ Petition for a Nonimmigrant Worker）, depending on tailored to their specific visa category. When applying for immigration, preparing a complete package that meets USCIS standards is crucial. Timing is also important, as it can greatly affect the outcome of the application. This is especially true for those transitioning from B1/B2 or J1 statuses to F-1 classification and F-2 dependents. To ensure success, it's important to act quickly and with precision, taking into account the specific policies of USCIS.

H1B to F1

With the upcoming H1B visa season and the increasing number of clients facing H1B layoffs, it is important to understand the option of transitioning from H1B to F1 visa status. This serves as a relevant example to explore the USCIS change of status process and its potential benefits. By examining the H1B to F1 transition, we can gain insights into the requirements, documents needed, and considerations involved in changing visa classifications. Let's delve into the details of why the H1B to F1 transition is a significant topic to explore in the context of the USCIS change of status process.

To change your status from H1B to F1, you need to follow these steps:

1. Apply to a school and get accepted: You need to apply to a school and get accepted into a full-time program course of study. Once you are accepted, the school will issue you a Form I-20, which is necessary for the change of status application.
2. File Form I-539: You need to file Form I-539( Application to Extend/Change Nonimmigrant Status) to the U.S. Citizenship and Immigration Services (USCIS). This form can be filed online at uscis.gov or by mail. You also need to submit the filing fee and a biometric services fee.
3. Maintain your H1B status until your F1 application is approved: It's important to maintain your H1B status until your F1 application is approved. If your H1B status expires while your F1 application is pending, you may need to leave the U.S. and apply for an F1 visa at a U.S. consulate abroad.
4. Wait for the decision: USCIS will review your application and make a decision. The processing time can vary, so it's important to plan accordingly.
5. Start your studies: If your application is approved, you can start your studies on the start date listed on your Form I-20. You will need to comply with all the requirements of your F1 status, including maintaining a full course of study.
6. The following supporting documentation must be provided:

• • The Form I-20 for the F1 student and F2 dependents (if applicable).
  • Financial statement
  • The current passport and Form I-94 for the student and  F2 dependents  (if applicable).
  • Evidence of maintenance of one’s current H1B status in the United States, such as by providing pay stubs.
  • Proof of payment of the I-901 SEVIS fee.
  • A statement explaining the student’s desire to attend school in the United States and how the particular course of study will benefit the student. This is not a filing requirement, but USCIS has been known to request this document.

Please note that as of July 20, 2021, USCIS ended the bridge policy for changes of status to F-1 in order to limit costs to applicants and USCIS. According to the Policy Alert, “USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the change of status (COS) application to F-1 is pending with USCIS, provided that the applicant’s nonimmigrant status is valid at the time of filing the COS application to F-1 and remains valid until the COS application is approved.”

If you want to learn more about it, you can always read our additional article. 

Necessary Supporting Documents

For the change of status process, the following documents are required:

• Completed intake questionnaire
• Most recent I-94
• Copies of all DS-2019s and Form I-20 forms (for F-1 or M-1 student), and EAD cards
• Complete copy of passport, including biographical page and any previous visas
• A copy of your last USCIS I-797 approval notice (if applicable)
• Copies of all educational credentials (diplomas, transcripts, certification of training, etc.)
• Copies of all relevant practice licenses

*Copy of any previously issued Employment Authorization Documents

• Copy of any additional documentation showing maintenance of prior nonimmigrant status. 

If you are married and/or have children, you will also need to provide:

• Copy of Marriage Certificate
• I-94 from last entry into the United States for each family member
• Copy of valid passport biometrics pages for each family member
• Copy of Visas in the passport for each family member
• Copy of Entry Stamps in the passport for each family member
• Copy of all prior Approval Notices for change or extension of status for each family member. 

Timing and Processing Considerations

The adjudication timeline for a Change of Status (COS) application can vary significantly, often exceeding anticipated waiting periods. It is important to be aware of the potential delays and remain patient throughout the process. Application processing times differ based on the service center and case complexity, making it crucial to monitor USCIS processing times online.

To ensure a smooth transition, it is advisable to submit the COS application well in advance of your current status expiration. Timing is key, especially if there are potential changes in your circumstances, such as termination of employment. Maintaining legal status is essential, and staying informed about processing changes allows you to adapt proactively and comply with U.S. immigration regulations.

Additionally, it is worth considering the option of premium processing, which expedites the COS application. This service guarantees a faster processing time, typically within 15 calendar days. However, it is important to note that premium processing is subject to additional fees.

By preparing ahead of time, monitoring processing times, and considering premium processing if necessary, applicants can navigate the change of status process more effectively and minimize any potential disruptions to their legal status.

Impact of Application Delays

Gaps between within your Change of status

Transitioning from OPT to Day 1 CPT without a gap is possible, but typically, there is a gap due to the process involved. Your OPT is immediately terminated once your SEVIS is transferred from your previous institution. You then have to wait for your new Day 1 CPT university to accept your SEVIS and issue a new I-20, which allows you to apply for CPT authorization. The university will assess your eligibility for CPT based on the documents you submitted after receiving your new I-20. If you meet all requirements, they will issue a new I-20 with CPT and an authorized start date for work. You can resume working based on the start date indicated on this new I-20. Even with expedited processing, there is usually a 3-day to two-week gap between your previous OPT and your new Day 1 CPT.

However, some Day 1 CPT universities have adapted their procedures to minimize this gap. They allow students to start the CPT application process before the SEVIS transfer. Upon receiving an offer from these universities, you should inform your old school to schedule a SEVIS transfer and simultaneously submit your CPT application to your new university. While waiting for the SEVIS transfer, the DSO at your new university will review and provisionally approve your CPT application, entering all related information into their system as a draft. Once the SEVIS transfer is complete, they will activate the draft information and provide you with an I-20 that includes CPT authorization, bypassing several intermediate steps. If necessary, they can later issue an original I-20 without CPT. This pre-approval process saves time and, with careful planning, can eliminate the gap between OPT and Day 1 CPT.

This process is entirely legitimate. You are still only authorized to work based on the "start date" on your CPT I-20, not a single day before. The staff at these Day 1 CPT universities adapt to your timeline and prepare all necessary documents in advance. Some even work during weekends to ensure their students get what they need on time. However, they still review your records and evaluate your eligibility. You must meet all criteria before they will issue you the official CPT I-20.

Post-Application Procedures

Once the change of status application is submitted, the watch begins. Applicants should regularly check their case status through the USCIS online portal, utilizing their receipt number. It's crucial to ensure that USCIS does not request additional evidence or clarification, which could further delay the process. Maintaining up-to-date contact information with the agency is imperative to avoid issues.

Responding to USCIS Requests

Prompt action is essential upon receiving USCIS correspondence.

When the United States Citizenship and Immigration Services (USCIS) sends a request for additional information, immediate attention is critical. 

Request for Evidence (RFE)

The Request for Evidence (RFE) for the change of status can be issued due to several reasons:

• Termination: USCIS has been notified that the beneficiary was terminated from employment before the expiration of a period of authorized R-1 stay.
• Released from Employment: USCIS has been notified that the beneficiary has been released from employment before the expiration of a period of authorized R-1 stay.
• Worked Less Than Required Hours: USCIS has been notified that the beneficiary is working less than the required hours for employment.

In response to an RFE, the attorney drafts the RFE response and submits it to USCIS when additional documentation is received from the client. The RFE response should include all the necessary supporting documents and evidence to address the issues raised in the RFE.

Notice of Intent to Deny (NOID)

The Notice of Intent to Deny (NOID) is a crucial part of the change of status process. 

• If an officer is basing a decision in whole or in part on information the applicant is unaware of or could not reasonably be expected to be aware of, the officer must issue a NOID. 
• The NOID provides the applicant an opportunity to review and respond to the information unless the information is classified. 
• USCIS provides precisely 30 days from the date of the NOID for the petitioner to inspect and rebut the derogatory evidence. Any explanation, rebuttal, or information presented by or on behalf of the petitioner shall be included in the record of the proceeding.
• The NOID must clearly state the deadline by which the response must be submitted to USCIS. The maximum response time for a NOID is 30 days.
• If the applicant is successful in rebutting the inadmissibility finding, the officer should find that the applicant is not inadmissible for being a member or affiliate of the Communist or any other totalitarian party.
• If a petitioner filed a strong response to a NOID and USCIS still denied the petition, appealing beyond the Director who made that determination may be the only viable approach.

The USCIS typically sets a strict time frame within which you must reply to their inquiries, often 30-60 days. Failure to meet these deadlines can lead to the automatic denial of your Change of Status (COS) application, forcing you to reinitiate the entire process or, in some instances, to leave the United States.

Stay informed and proactive to ensure compliance and success.

How long does it take USCIS to change status?

Average around 2-3 months. With premium processing, it could be shortened to within a month.

Can I stay in the US while waiting for the change of status?

Yes

How much does it cost to change your immigration status?

I-539 (Application to Change of Status) Filing Fee: $370

Biometric Screening Fee: $85

SEVIS Fee: $200

Do you want to book a free consultation to learn more?