Change of Status USCIS

Change of Status to F1, Explained

Your comprehensive guide to changing your non-immigration status to F1 with USCIS: processes, timelines, costs, and how to response to RFEs more.

What to Expect in This Guide

Our "Change of Status to F1, Explained" page guides you through the process if you need to switch from an H1B, H4, F2, B1/B2, or L1 visa to an F1 status.

1. Understanding Change of Status to F1 

1.1 What is F1 Visa and F1 Status

F1 Visa

The F1 visa is a non-immigrant visa issued by the United States to international students who wish to pursue academic studies or language training programs at a SEVP (Student and Exchange Visitor Program)-approved institution. This visa is specifically for full-time students enrolled in a degree, diploma, or certificate program at an accredited college, university, seminary, conservatory, or language training school in the U.S.

F1 Status

F1 status refers to the legal status granted to individuals holding an F1 visa, allowing them to live and study in the United States. While in F1 status, students must comply with specific regulations, including maintaining full-time enrollment, making satisfactory academic progress, etc. F1 status is valid as long as the student maintains these requirements and remains enrolled in an educational program.

1.2 What is Change of Status

According to the United States Immigration Service (USCIS), Change of Status allows foreign nationals holding one type of nonimmigrant status to change to another nonimmigrant status without having to leave the country.

 

2. Change of Status to F1 Requirements

You are eligible to apply for Change of Status to F1 if:

  • You are legally admitted into the US and holds a qualifying nonimmigrant status
  • Your current nonimmigrant status is still valid, without any violation of status conditions
  • You have not committed any crimes

While USCIS allows many nonimmigrants to apply for a change of status, you are not eligible for change of status to F1 if you hold any of the following visas:

  • Visa Waiver Pilot Program (VWPP) or Guam Visa Waiver Program
  • D visa (as a crewman)
  • C visa (as an alien in transit or in transit without a visa)
  • K visa (as a fiancé or spouse of a U.S. citizen or dependent)
  • S visa (as an informant on terrorism or organized crime, and accompanying family)

For these specific visa categories, individuals must depart the United States and apply for a new visa from outside the country, otherwise it could lead to complications and potential denial of applications.

 

3. Who Should Consider Change of Status to F1

  • Facing layoffs with grace period nearing expiry
  • 6-year limit approaching, no/slow green card progress
  • Changing situations like H-1B revoke, career break, etc.
  • Seeking to extend stay without leaving the U.S.
  • Accepting U.S. school offers without exiting the country
  • Unable to obtain student visa from consulate, so attempting to change from B status within the U.S.
  • Dependents changing to F-1 to work/earn via CPT/OPT
  • Divorce/spouse's layoff, seeking independent F-1 status
  • H-4 nearing 6-year limit
  • F-2 children cannot attend college full-time, changing to F-1
  • No green card progress, nearing L-1A/L-1B maximum duration
  • Industry layoffs with 60-day grace period
  • Seeking opportunities, changing to F-1 for CPT/H-1B lottery
  • Pursuing degrees like MBA, changing to F-1 for Master's H-1B cap
  • Status expiring, continuing studies without exit
  • Seeking legal employment/internship income
  • Home country withdraws program support/funding
  • F-1 selected in H-1B lottery
  • OPT expiring without H-1B, applying for O-1

 

4. The Process for Changing of Status to F1

The Change of Status process to an F1 student status with USCIS typically involves the following 5 steps:

5 steps to change of status to F1

Step 1: Plan & Choose the Right Time

  • H1B/H4/L1 to F1: 30-45 days before grace period ends
  • B2 to F1: Stay in the U.S. for 90+ days before visa expiry

Step 2 Secure Admission Letter from School

  • Choose a SEVP-approved school
  • Submit application materials
  • Receive admission letter

Step 3: Obtain I-20 Document from School

School issues I-20 document after admission. Make sure your I-20 reflect intentions of status change

Step 4: File Form I-539 with USCIS

  • Completed Form I-539
  • Submit Form I-539 and supporting documents
  • Pay required fees

 

Step 5: Receive USCIS Decision and Start the School Upon Approval

  • Approval: Enroll and begin studies
  • Request for Evidence (RFE): Provide additional info
  • Notice of Intent to Deny (NOID): Respond to concerns
  • Denial: Consider other options or refile

Wonder how long can you get your I-20 and USCIS approval? Check out the change of status timeline.

4.1 Select the Right School and Obtain an I-20

  1. What Kind of Schools/Programs Can You Choose

    There are four types of US schools that you can change of status to F1:

    • Traditional Master's Degree Programs: These are full-time graduate programs offered by universities and colleges. They typically have a fixed enrollment window, and require a substantial course load and can take 1-2 years to complete, depending on the field of study.

    • Day 1 CPT Programs: A Day 1 CPT University refers to an institution in the U.S. that offers certain master's or doctoral programs allowing international F1 students to participate in CPT - paid internships or employment related to their field of study - from the very first day of their program. This Day 1 CPT option enables eligible international students to begin internships or work right away without the typical waiting period required in other schools. It's important to note that Day 1 CPT is not universally available across all universities and programs in the U.S. Contact us for full Day 1 CPT school list.

    • English Language Programs: Some universities and city colleges offer intensive English language programs for international students who want to improve their English proficiency before pursuing a degree program. However, choosing these programs might put you at risk, as USCIS may question why you choose to pursue a language program if you already have a degree and working experience in the United States, making it harder to justify your intention.

    • Community Colleges: Attending community colleges is ideal for those without a U.S. degree. They are more affordable and have lower academic pressure compared to traditional universities. You can transfer to a prestigious university after completing your studies. However, community colleges don't offer full-time CPT, limiting work experience opportunities, and the admission process takes about one month, which might not be suitable if you're on a tight schedule to change your status.

    Check out our blog post to get a comprehensive understanding of the pros and cons of the four options.
  1. Acceptance of Change of Status Applications

    • Some schools may not accept in-country status changes due to time constraints of your current visa, lengthy process, or other reasons.
    • They may suggest exiting the U.S. to apply for an F1 visa and re-entering.
    • Seek guidance if you prefer changing status without leaving the country.
  2. Timing Constraints

    • Application periods typically range from 3 to 8 months.
    • If your current visa (B-1, B-2, H-1B grace) is nearing expiration, you may lack time for the complete process before having to depart.
    • Let us help you select schools and secure your I-20 within 2 weeks.
  3. Employment Restrictions

    • F-1 students usually cannot work off-campus during the first year, making tuition fees challenging.
    • "Day 1 CPT" programs allow legal, full-time off-campus work from day one of enrollment.
    • We partner with Day 1 CPT schools, supporting you to work right away!

Consult with us for free to discover your perfect school match!

 

4.2 Application Documents for Changing of Status to F1

  1. Completed and Signed USCIS Form I-539

  2. I-539 Application Fee

    • Online: $420 (increasing in April 2024)

    • Paper filing: $470 (increasing in April 2024)

  3. SEVIS Fee Payment Receipt ($350)

  4. Personal Statement/Letter of Explanation for F-1 Change

  5. Documents Proving F-1 Eligibility

    • School's Offer/Admission Letter

    • Signed I-20 from School

    • Financial Proof (Bank Statement for 1 Year's Tuition/Living Costs)

      • Day 1 CPT: Around $20K-$30K

      • Regular Graduate Programs: Around $50K-$60K

    • Certification of Sponsorship (If Applicable)

  6. Documents Showing Current Visa Status

    • Valid Visa Page (B, H, J, etc.)

    • I-94 Entry Record

    • Passport Information Page

    • For Primary/Work Visas: Job Offer, Last 3 Pay Stubs (Keep Documents Current)

    • For Dependent Visas:

      • Relationship Proof (Birth/Marriage Certificates)

      • Primary Holder's Status Maintenance (I-94, I-797s, Employment Proof)

4.3 Submit Change of Status Application Online or by Mail

The Change of Status (I-539) application can be submitted online or by mail

By mail
Online
Pros
1. Allows for bundled applications with dependents.
2. Not restricted by visa type; all I-539 applications can be submitted by mail.
1. Faster than mail and no risk of lost mail.
2. Easy to submit and add documents by uploading online.
Cons
1. Approximately one week for receipt of mail, adding to the waiting period.
2. Risk of lost mails.
Some visa categories cannot be changed online (for example, change H-1B to F1 cannot be filed online).
Can you submit your change of status application online for the visa category you are applying for?
By mail
Online
H1B to F1
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comptab-no-icon
B1/B2 to F1
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H4/F2 to F1
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L1 to F1
comptab-yes-icon
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J1 to F1
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* If you are on H1B and have H4 dependent change status too, we advise to submit by mail to package both applications together.

 

5. Change of Status to F1 Timeline

The processing time for changing to F1 status can range from 3 to 8 months, depending on the complexity of your situation, the service option you choose, and the workload at the processing center, here’s the detail breakdown

Phase
Estimated Time
How We Can Help
Choose a school, submit application materials, and get an admission letter
3-4 weeks
✅Free 1-1 Case Evaluation by Visa Expert
✅Personalized Day 1 CPT University Recommendations
✅Express Offer+ I-20 within 2 Weeks
✅Application Fee Waiver & Guidance
Get an I-20 document
1 week
With our expedited service, you can obtain the I-20 form in approximately 3 days.
File form I-539 and wait for USCIS approval
Filing Options:
- By Mail (e.g., H1B holders changing status to F1): You can legally remain in the U.S. after receiving a receipt notice, typically after 5 days of mailing your materials.
- Online: You can legally stay in the U.S. after completing your online submission.
Our visa and legal experts help you fill and submit form I-539, and handle RFE if needed.
Receive USCIS decision
Processing Speed:
Normal Processing: 3 to 8 months
Premium Processing ($1,750 fee): 1 month
If you secure an admission letter and I-20 document with our assistance,
you can have a 20-minute 🌟free consultation🌟 with an experienced immigration attorney for any legal questions!
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Start your change of status today
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6. Change of Status USCIS Form: I-539 

6.1 What is form I-539

Form I-539 is an application form used by foreign nationals temporarily residing in the United States to request either an extension of their current nonimmigrant status or a change to a different nonimmigrant category. 

This form allows individuals like students, tourists, and temporary workers already present in the U.S. to switch to a new nonimmigrant classification. For instance, someone who originally holds an H-1B work visa could use Form I-539 to transition to an F-1 student visa if they wish to begin an academic program in the United States.

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6.2 How long does it take for I-539 to be approved?

The processing time takes approximately from 3 months to 8 months depending on your current status and the service center processing the application.

6.3 How much does I-539 cost

$420 for online filing fee.

$470 for paper filing fee.

6.4 Do I need a lawyers to file my application

Hiring a lawyer is not mandatory, you can file the I-539 on your own. If your case is complicated, or receiving an RFE after submission, we might suggest connecting with an immigration attorney for assistance.

Not sure if you should DIY or hire an attorney? Check out our guide to make a decision.

6.5 How do I know if my I-539 is approved?

The primary way to check the status of your I-539 application is through the USCIS online case status tool. Visit the USCIS website, go to the "Check Your Case Status" section, and enter your receipt number (case number) from the Form I-797C receipt notice you received after filing Form I-539. The status online will update to show if your application has been approved.

USCIS will also mail you a Form I-797 Approval Notice for each person listed on the I-539 application once it is approved. This official notice will confirm that your application for extension or change of status has been granted.

You can also watch your mailbox for any other correspondence from USCIS regarding your case, such as a Request for Evidence (RFE) or an interview notice, which may indicate further action is required.

If you have concerns or need to inquire about the status, you can contact the USCIS Contact Center directly using the information provided on their website.

Essentially, checking the online case status tool and watching for the official approval notice in the mail are the primary ways to know when your I-539 application has been approved by USCIS.

6.6 Can I stay in the US while I-539 is pending

Yes, you can remain in the United States while your I-539 application (Extension or Change of Status) is pending, provided that you filed the application before your current status expired. You are generally allowed to stay for up to 240 days after filing the I-539 while the application is being processed. During this period, you must continue to comply with the terms of your current status, which may mean that you are not authorized to work or attend school until your application is approved. If your application is denied, you will be required to leave the United States, either before your current status expires or within the 240-day period, whichever comes first.

7. How Much Does Change of Status to F1 Cost? 

$420 for the Form I-539 online filing fee, $470 for paper filing fee. 

The accurate cost of changing your status depends on the type of status you're applying for and whether you opt for premium processing.

Changing of Status to F1

  • School application/registration fee: $100-$200 (varies by school/program)
  • I-901 SEVIS fee: $350 
  • Form I-539 filing fee: $420/$470
  • Tuition fee: Due after the change of status is approved

8. What Happens After Submitting the Change of Status Form

After submitting the change of status application to USCIS for review, there are four possible outcomes you may receive:

  • Approval: You could receive an approval, allowing you to enroll and begin your studies as planned.
  • Request for Evidence (RFE): USCIS may issue a RFE, requiring you to provide additional information or documentation to support your application. 
  • Notice of Intent to Deny (NOID): In some cases, you may receive a NOID, which outlines USCIS's concerns with your application and gives you an opportunity to respond and address those concerns. 
  • Denial: your application could be denied, in which case you would need to consider other options or potentially refile your application. 

Regardless of the outcome, it's important to carefully review the decision from USCIS and take appropriate action based on the specific result.

9. Common Reasons for RFEs and Denials

9.1 What is RFE?

"RFE" stands for "Request for Evidence." After submitting your application, USCIS may issue an RFE if the provided information is insufficient or unclear. This request asks applicants to submit additional evidence, information, or documents to support their application. Receiving an RFE does not mean denial; properly responding with all requested materials still offers a high chance of approval.

9.2 What is a change of status denial?

A change of status denial refers to when the USCIS rejects an application to change from one non-immigrant visa status to another while staying in the United States.

9.3 Common reasons

Change of Status typically has a high success rate. However, common reasons for RFEs and denials of change of status applications include:

  1. Travel while application is pending - Leaving the U.S. can be seen as abandoning your application.You can submit an explanation letter if you must leave, but this doesn't guarantee that your application won't be canceled by USCIS. 

  2. Ineligible visa categories - Categories like C, D, K, S visas, and some J-1 visas (subject to the 212(e) requirement-return to home country after 2 years) do not allow change of status.

  3. Expired status - If your current status expires before approval, your application will likely be denied. This includes cases like the end of the H-1B grace period or the expiration of L-1 visas.

  4. Not meeting requirements - Failing to provide sufficient documentation like financial evidence for F-1 visas or or untimely SEVIS fee payment.

  5. Incomplete/incorrect forms - Errors or missing information on I-539 form can lead to rejection.

  6. Suspicion of immigrant intent - Officials may deny if they believe you intend to immigrate permanently.

  7. Criminal issues - A criminal record can result in denial.

  8. Inconsistent documents - Contradictions between your application and supporting documents can raise suspicion of fraud.

Ensuring you meet all requirements, provide complete and consistent documentation, and maintain valid status throughout the process is crucial to avoid RFEs and denials when changing status.

Check out our blog posts on receiving USCIS RFEs on your change of status application:

 

10. What to Do If Receiving RFE or Denial?

10.1 How to Respond to an RFE

Upon receiving an RFE, applicants must reply within the specified timeframe (usually mentioned in the RFE notice) and provide the additional materials requested by USCIS. Failure to respond timely or adequately could lead to application denial. If your case is complicated and urgent, having reliable legal assistance throughout the application is crucial. 

10.2 Does an RFE Affect My Application Timeline? How Soon Can It Be Approved?

Receiving a RFE from USCIS can potentially delay your change of status application timeline, especially if you take the full 3-month response window to submit the requested materials. 

However, there are two effective strategies to minimize delays:

  1. Premium Processing: By filing Form I-907 and paying the $1,750 fee, your application (including any RFE responses) can be expedited, potentially starting 30 days after your initial filing. Premium processing applies throughout the process including RFE.
  2. Prompt RFE Response: It's advisable to respond to the RFE as quickly as possible. USCIS reviews RFE submissions on a rolling basis, so a prompt response can lead to faster adjudication. For example, an applicant who worked with GoElite received an RFE on January 24, 2023, responded within 14 working days by February 16th, and got approved the very next day on February 17th!

10.3 Can I reapply if my I-539 is denied

Yes, if you receive a denial for your change of status application, you can generally resubmit the application with the proper corrections and additional evidence requested.

However, there are a few important points to keep in mind:

  1. Time Limit: You need to resubmit before your current authorized stay in the U.S. expires. If your I-94 status has already expired by the time you get the denial, you would need to leave the US.
  2. Address Reasons for Denial: Carefully review the denial notice to understand the specific reasons USCIS cited for denying your original application. Then ensure your resubmitted application properly addresses those deficiencies with additional documentation or explanations.
  3. Filing Fees: You will need to pay the filing fees again when re-submitting the change of status application.
  4. Multiple Denials: If your resubmitted application gets denied again, continued resubmissions may raise suspicions about your true intentions for USCIS.
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Frequently Asked Questions

Have questions about COS? We are here to help

What happens if I apply for Change of Status after my current visa has expired?

If you apply for a Change of Status after your authorized stay has expired, you risk facing potential deportation/removal from the U.S. or a bar from re-entering the country. The USCIS advises applying for an extension at least 45 days before your current visa expires. Failing to do so and remaining in the U.S. after your authorized stay ends could necessitate applying for a new visa from your home country instead of extending your status within the U.S.

If you did apply for a Change of Status after your authorized stay has expired, you must demonstrate that the delay in filing was caused by extraordinary circumstances beyond your control, the length of the delay was reasonable, you haven't violated your nonimmigrant status (e.g., unauthorized work), you still qualify as a nonimmigrant, and you're not currently in formal deportation or removal proceedings. Meeting these criteria is crucial for the application to be considered despite the expired status.

Can I stay in the US while my I-539 form is pending?

Yes, you can stay in the U.S. while your I-539 form for an extension or change of status is pending, provided you filed it before the expiration date on your I-94. You are allowed to remain in the U.S. for up to 240 days while waiting for a decision. However, you must continue to follow the rules of your current status, which may restrict activities such as working or attending school until your application is approved. If your application is denied, you must depart the U.S. either by the decision date, if your visa has already expired, or by the expiration date on your I-94, if it's still valid.

If I change my status from B2 to F1 while in the USA, can I use B2 to enter US again after going home

Yes, after changing your status from B2 to F1 while in the USA, you can still use your B2 visa to enter the U.S. again after going home. However, you cannot attend classes if enter with the B2 visa. To attend school, you must enter the U.S. using an F1 visa, in conjunction with an I-20 form. If you've changed your status to F1 in the US meaning you don't yet have an F1 visa, you'll need to visit a consulate in your home country to obtain one. This allows you to re-enter the U.S. with the F1 visa and continue your studies. If you enter with a B2 visa and wish to continue your study, you'd need to change your status to F1 again. Therefore, it's advised not to leave the U.S. until you finish your educational program to avoid the need for status changes.

What is Consular processing (CP)? How should I choose CP vs COS?

Consular processing is the procedure through which individuals outside of the U.S. apply for an immigrant visa at a U.S. Department of State consulate abroad and enter the U.S..

A change of status is appropriate for individuals who are currently in the United States. Consular processing is used for those who are overseas or those who have to travel overseas while the application is pending. Travel outside the United States while a change of status is pending will abandon that change of status. 

Is Day 1 CPT Available in All Universities?

No, Day 1 CPT (Curricular Practical Training) is not available at all universities. Generally, universities require international students to complete a full academic year of study before they can participate in CPT for work purposes. Additionally, during the semester, CPT is typically limited to part-time work up to 20 hours per week. It's important for students to thoroughly research the policies of universities and their specific programs before applying to ensure they meet their needs and expectations regarding CPT availability. Contact us and we can help you choose the right school and program for free! 

 
Do I need an immigration attorney to help with change of status?

Whether you need an immigration attorney to assist with a change of status depends on the specifics of your case. While it's not mandatory to hire an attorney for this process, consulting with one can be beneficial, especially to navigate potential legal complexities. Completing Form I-539 and preparing supplementary documents require careful attention to detail. Errors or omissions can lead to a Request for Evidence (RFE) or even denial of your application. Common pitfalls include poorly drafted explanation letters, submission of incomplete materials, and handling sensitive information improperly. Therefore, although not strictly necessary, seeking legal advice might help avoid these issues and streamline the application process.

Check out our guide in choosing DIY vs. Attorney for your change of status application.

Let us know how we can help you!

✅ Free 1-1 Case Evaluation by Visa Expert
✅ Affordable Change of Status Application Assistance
✅ Personalized Day 1 CPT University Recommendations
✅ Express Offer+ I-20 within 2 Weeks
✅ Application Fee Waiver & Guidance
✅ Scholarship Opportunities Available

 

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