Changing status does not necessarily require the assistance of an immigration attorney. If your case is straightforward and you have a clean immigration history, then choosing the DIY option could be a good option.

Steps for Changing H1B to B2

• Prepare required documents and write an explanation letter presenting your reasons for changing status
• Complete and submit the form I-539, along with required documents and your explanation letter
• Pay the I-539 filing fee (online:$420; mail: $470) and wait for the result

Steps for Changing H1B to F1

• Apply to a SEVP-certified school and receive admission
• Obtain an I-20 form issued by the school
• Pay the SEVIS fee ($350)
• Prepare required documents and write an explanation letter presenting your reasons for changing status
• Complete and submit the I-539 form, along with required documents and your explanation letter
• Pay the I-539 filing fee (online:$420; mail: $470) and wait for the result
  
  

Common Challenges in DIY Application

• Ensuring the Accuracy of the Submitted Documentation

To avoid potential RFE with your case, it is crucial to ensure the accuracy of all documentation submitted as part of your petition. Any discrepancies or errors in the provided materials such as the I-539 form (step by step guide here) could raise doubts about your eligibility, potentially leading to further scrutiny or even denial of your case.

• Crafting a Convincing Explanation Letter

Applicants must attach a letter explaining their decisions to change status within the U.S. However, composing a convincing letter can be challenging, especially for those with an unusual immigration history or who are out of status. It is crucial to avoid expressing immigrant intent or misrepresenting your original purpose for entering the U.S. 

• Dealing with an RFE（Request for Evidence）

After reviewing your petition, USCIS officers may request you to submit additional evidence to support your case. In this situation, they may question your genuine intention for changing status, or whether you legally maintained your current or previous nonimmigrant status. You will need to analyze the reasons for receiving an FRE and prepare for a reasonable response. 

You may choose to hire an immigration attorney to assist your case. There are some situations where the assistance of an attorney is necessary, as explained below. 

In What Cases Do You Need to Hire an Attorney?

• If You Have Previous Immigration Violations or Criminal History

According to USCIS regulations, applicants for a change of status must have clean immigration and criminal records. If you have previously violated the terms of your status (such as working illegally during your H1B grace period), or have committed crimes, you will need a lawyer to help justify your case and provide a compelling explanation. 

• If You are Currently Out of Status

If you are currently out of status, such as overstaying in the U.S. after the end of your H1B grace period, it is necessary to seek assistance from an experienced lawyer to explain your situation and determine the best course of action. 

• If You are Hesitant about Deciding Status Options

If you are unsure about which status option to choose, consulting with an immigration attorney can be beneficial. They can evaluate your specific circumstances and analyze the viability of each option. 

• If You Have an Unusual Immigration History 

If you have an unusual immigration history that could raise suspicions and require special explanations, hiring an immigration attorney can help. An attorney can address legal issues and improve the chances of your petition being approved by the USCIS.

• If You are under Time Pressure and Need to Expedite Your Application

If you need to get the application result as soon as possible, it is advisable to hire an immigration attorney. With the assistance of an attorney, you can ensure the accuracy of your documents and reduce the possibility of potential delays or RFE.

What Can Immigration Attorney Do for Your Change of Status Petition?

An immigration attorney can help your petition in the following ways: 

• Assisting in filing out the I-539 form: An immigration attorney can help you complete the I-539 form, making sure the information is provided in compliance with USCIS guidelines. 

• Drafting a Compelling Explanation Letter: As mentioned earlier, there are some pitfalls to avoid when writing an explanation letter. An experienced attorney can incorporate your educational and work experiences into a compelling story without raising red flags, enhancing the chance of your case’s approval.

• Responding to an RFE: In case you receive an RFE from the USCIS, an attorney can help identify the specific points of concern in your case and draft a convincing response to address the issues raised by the USCIS officers.

• Revoking Petition in Special Situations: Under special situations, such as needing to revoke your petition due to plan changes, an attorney can assist in filing an application to revoke your previous petition. 

The Cost of Hiring an Attorney

Hiring an immigration attorney for change of status typically costs $2,000-3,000, depending on the complexity of the case. Some lawyers may charge additional fees for dealing with an RFE. 

Choosing between DIY and hiring an attorney for a change of status depends on your situation. DIY is cost-effective and suitable for straightforward cases with clear immigration histories. However, hiring an attorney is beneficial for complex cases, ensuring accuracy and compliance, and reducing the risk of errors or delays. It is crucial to consider the complexity of your case to make a reasonable decision.