Change of Status to F-1

• Overview

  Overview

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  A change of status is required when your purpose for being in the U.S. no longer corresponds with the terms of your current visa type. If you are currently in the U.S. on another visa and wish to change to F-1 status, it is important to note that you will still need to apply for an F-1 Visa if you choose to travel outside of the U.S. and re-enter.

  Eligibility

  A person of any non-immigrant status except C, D, K, or M (and in some cases J), and except those who entered the United States under the terms of the Visa Waiver Program, can apply for a change to F-1 status if he/she has maintained lawful non-immigrant status up to the time of their application.

  Those with J status who are subject to 212(e) two-year home country physical requirement may not change status in the U.S. unless a waiver has been granted.

  Non-immigrants in A, G, or NATO status must first complete Form I-566, and have it properly endorsed by the foreign mission to the U.S. and the Department of State.

   

• Change of Status Within the U.S.

  Change of Status Within the U.S.

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  How do I know if I need to apply for a change of status?

  A change of status is required when your purpose for being in the U.S. no longer corresponds with the terms of your current visa type.

  It is important to note that you may not be eligible for a change of status within the U.S. if there are restrictions to your current status, or if you do not have legal status inside the U.S.

  You may still be eligible for F-1 status, but only by obtaining it through travel and reentry.

  How to Apply

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  While it is recommended that you work with an Immigration Attorney during this process, we have provided the following checklist is to help you with assembling your application packet.

  Part I: Request a Form I-20

  Step 1: Login to accessVIS

  Login to accessVIS through Full-Services using your netID and password.

  Step 2: Submit the request

  Complete all required forms within the Change of Immigration Status to F-1 request.

  Step 3: Receive your new I-20

  Upon approval, your International Student Advisor will email you your new I-20.

  Part II: File the I-539 with USCIS

  Filing online

  Your request for a Change of Status to F-1 may be filed online using the Form I-539, Application to Extend/Change Nonimmigrant Status if you are applying as a single applicant (without co-applicants, or legal or accredited representation).

  Filing by mail

  Preparation of the following forms and supporting documentation is required when filing the paper-based I-539 Request for Change of Status:

  • Application & Biometric Fees: You may pay the fees with a money order, personal check, or cashier’s check. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

  • Form G-1145
  • Form I-539
  • I-94 Record
  • Stony Brook Issued I-20, signed and dated by you
  • Evidence of financial support
  • Photocopy of your passport and visa
  • Proof of current lawful status
  • Proof of SEVIS Fee payment
  • Detailed letter explaining why you wish to request a change of status to F-1.  Your letter should clearly state (a) your current status, (b) your plans for studying at Stony Brook University, and (c) how you will continue to maintain ties to your home country, (i.e. residence, expected job offer, or continuing family ties).

  If your current status is linked to a parent or spouse

  If your current status (i.e. F-2, H-4, L-2, etc.) is tied to a parent or spouse's status you must include photocopies of all applicable documents as proof of the primary visa holder’s legal status:

  • Their I-94 record
  • Their passport identity page, U.S. visa page, and most recent U.S. entry stamp
  • Any other supporting materials that prove the primary visa holder is maintaining legal status

  Mailing address for paper applications

  Mail your complete application to the USCIS Dallas Lockbox via express mail courier service (i.e. DHL, FedEx, UPS) and be sure to request a tracking number.  

  USCIS
  ATTN: I-539
  2501 S. State Highway 121 Business
  Suite 400
  Lewisville, TX 75067

  Notice of Action and Notice of Decision

  Once USCIS receives your application, a Form I-797, “Notice of Action” (NOA) will be mailed to you and will give you a case number.

  Within a few months (3-12), your decision notice will be mailed to you.

  Please provide Visa and Immigration Services with a copy of your NOA and decision notice as soon as you receive them.

  Change of address

  If you need to move from your current place of residence and have not yet received your NOA or your decision notice, be sure to update your address with USCIS by completing the online AR-11 Change of Address Form.

  Failure to complete the AR-11 can lead to your documents being mailed to the wrong place. If your documents get lost in the mail, USCIS may charge a fee for sending duplicate documents. It may also further delay the processing time for your application.

  What if I Have a Gap in Status? 

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  USCIS announced new policy guidance in July 2021 that eliminates the need for individuals who have applied for a change of status (COS) to F-1 to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.

  To prevent a “gap” in status, USCIS will grant the change of status to F-1 effective the day they approve an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status.

  If they approve an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time. An example of a violation would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on their Form I-20.

  If you are currently in lawful status, filing for a change to F-1 status within the U.S., you may remain in the United States until you receive a decision from USCIS. However, you are not eligible for any F-1 benefits or privileges (i.e. working on campus, applying for practical training, etc.) until the change of status is approved.

  IMPORTANT: If you plan to leave the U.S. after you have obtained the change of status, you must contact Visa and Immigration Services before leaving.

• Change of Status through Travel & Reentry

  Change of Status through Travel & Reentry

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  The alternative method of changing to F-1 status is through travel and re-entry. In this case, you would depart the U.S. and then apply for an F-1 visa at a U.S. embassy or consulate abroad, preferably the local consulate in your home country.

  If the F-1 visa application is approved and the F-1 visa is issued, then you can re-enter the U.S. using your F-1 I-20 form and F-1 visa. At the Port of Entry, your electronic I-94 will be updated to show your status as F-1 and the Admit Until Date as D/S, which confirms F-1 status.

  Please note that Canadian citizens are exempt from the requirement of a having an F-1 visa to re-enter the U.S. in F-1 status. However, travel and re-entry are still required for Canadian citizens to obtain F-1 status.

  For further information about travel and re-entry and/or visa applications, refer to the U.S. Department of State website.

  Part I: Request a Form I-20

  Step 1: Login to accessVIS

  Login to accessVIS through Full-Services using your netID and password.

  Step 2: Submit the request

  Complete all required forms within the Change of Immigration Statusto F-1 request.

  Step 3: Receive your new I-20

  Upon approval, your International Student Advisor will email you your new I-20.

  Part II: Travel & Rentry

  Step 1: Return to your home country

  Return to your home country and schedule a visa interview at the U.S. Consulate/Embassy.

  Step 2: Pay the SEVIS Fee

  Pay the SEVIS Fee by completing the Form I-901 online at FMJfee.com. Proof of SEVIS fee payment will be required at your interview.  Check the U.S. Consulate/Embassy’s website in your home country for a list of other required documents.

  Step 3: Receive your F-1 visa

  Once your passport has been returned by the U.S. Consulate/Embassy with the F-1 visa stamp, you may return to the U.S.

  What to Expect
  

  • The U.S. Consulate/Embassy may require administrative processing of your application.  This can be a timely process that cannot be expedited by Visa & Immigration Services.
  • Applying for a visa status of any kind is always a risk. VIS cannot guarantee approval of your request for an F-1 Visa.
• Study Restrictions while Awaiting COS

  Study Restrictions while Awaiting COS

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  If you are currently in F-2 status

  Individuals in F-2 status are eligible for part time study. However, once your change of status to F-1 is approved, you are required to be enrolled full time.

  If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part time until the end of the current semester in order to maintain your F-2 status.

  If you are currently in B-1/B-2 status

  Individuals in B-1/B-2 status are prohibited from enrolling in a course of study until after USCIS approves their change of status application.

  If you are currently in any other status

  If your current status allows full-time studies in the U.S., you may start classes before your change of status application is approved.

  However, you are not eligible for employment under F-1 status (CPT/OPT) until after your application is approved and you have received proper authorization from our office or USCIS.