Change of Status: How to Switch Your U.S. Visa Without Leaving the Country
What Is a Change of Status?
A Change of Status allows individuals already in the U.S. on one type of nonimmigrant visa (such as a B-2 tourist visa or F-1 student visa) to switch to another visa category without leaving the country. This process is available through U.S. Citizenship and Immigration Services (USCIS) and is often a more convenient and cost-effective alternative to international travel.
At San Diego Immigration Attorney – Susan V. Perez Law Offices, we help clients navigate this complex process with precision — whether you’re shifting from tourist to student, student to worker, or another nonimmigrant category.
Who Qualifies for a Change of Status?
You may be eligible for a change of status if:
- You are currently in the U.S. on a valid nonimmigrant visa
- Your current status has not expired
- You have not violated the terms of your visa (e.g., unauthorized work)
- You meet all the requirements of the new visa category you’re applying for
Common change of status scenarios include:
- B-2 Tourist → F-1 Student
- F-1 Student → H-1B Worker
- H-1B Worker → H-4 Dependent
- J-1 Exchange Visitor → B-2 Tourist or another category
- E-2 Investor → L-1 Intracompany Transferee
How to Apply for a Change of Status
1. Determine Eligibility and Visa Requirements
Each visa has unique eligibility criteria. Make sure you meet the income, purpose, and timing rules of the new visa before applying.
2. File Form I-539 (Application to Extend/Change Nonimmigrant Status)
For most visa changes, you will need to submit:
- Form I-539 to USCIS
- Proof of current valid status (e.g., I-94, visa stamp)
- Documentation supporting the new visa purpose (I-20 for F-1, job offer for H-1B, etc.)
- Financial documentation (for student or dependent visas)
If you are changing to a work visa (H-1B, O-1, etc.), your employer must also file Form I-129 on your behalf.
3. Maintain Status While Awaiting Approval
You must continue to maintain your current nonimmigrant status until the change is approved. Overstaying or working without authorization can result in denial.
If your status expires while your change of status is pending, USCIS may still approve it — but it’s risky. Legal guidance is highly recommended in these cases.
How Long Does It Take?
Processing times for a change of status vary:
- B-2 to F-1: 6–12 months or more
- F-1 to H-1B: Depends on H-1B cap season and premium processing
- H-1B to H-4 or vice versa: 2–6 months
- Expedited options may be available for certain categories with time-sensitive needs
Delays are common, especially with biometrics and paperwork backlogs. We help clients file early and correctly to avoid issues.
Common Pitfalls to Avoid
- Filing after your current status has expired
- Beginning school or work before approval is issued
- Submitting incomplete or inconsistent documentation
- Assuming approval is automatic — USCIS can and does deny changes of status
Even if you qualify, a poorly prepared application can lead to rejection or unintended status violations.
FAQs About Change of Status
Can I work while my change of status is pending?
No — you must wait until the new status is approved and valid before beginning employment or studies, unless specifically authorized.
Can I leave the U.S. during the change of status process?
Generally no — leaving the country is treated as abandoning your application, and you’ll have to apply for a visa abroad instead.
What happens if my change of status is denied?
You may be required to depart the U.S. immediately, and could face barriers to reentry depending on the timing and reason for denial.
Let Us Help You Change Your Visa Status with Confidence
Changing your immigration status within the U.S. can open new doors — but it’s also filled with rules, risks, and timelines that must be followed carefully. At San Diego Immigration Attorney – Susan V. Perez Law Offices, we guide clients through every step, ensuring their applications are complete, accurate, and filed on time.
📞 Call us at (619) 819-8648 or
📩 Schedule your consultation to find the best visa strategy for your needs.
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