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Change Your Status to F-1/J-1

A change of status to F-1 Student, J-1 student, or F-1/J-2 dependent status requires the student to have an Initial I-20 or DS-2019, but the processes are quite varied.

Students who need to report a change of status FROM F-1 or J-1 Student status to a non-student immigration status (e.g. H-1B, A-1, G-1, permanent resident), review the End of Status page. Generally, you will submit the End of Status form in ISSAlink.

Change to F-1 Student Status

If a student is present in the U.S. in a status other than F-1 Student, and they want to change to an F-1 student status, they have two options:

  • Exit the U.S. and apply for an F-1 visa at a U.S. Embassy or Consulate
  • Remain in the U.S. and file a Form I-539 with USCIS to apply for Change of Status (COS)

In either case, the student will be issued a Form I-20 from the University. The I-20 ISSA issues will be based on how the student proceeds. In short, the two processes if the student will apply for the change of status are:

 
Exit the U.S.
Remain in U.S.
ISSA    issues an Initial Form I-20 issues a Change of Status Initial Form I-20
Student
  • requests the I-20 via Initial Document Request form
  • applies for new F-1 visa at U.S. embassy or consulate
  • re-enters U.S. with Form I-20 and F-1 visa stamp
  • student has F-1 status upon entry to U.S. 
  • requests the COS I-20 via Initial Document Request form
  • files I-539 COS application with USCIS
  • student has F-1 status upon approval from USCIS, per the effective date on the approval notice
Notes
  • Once the application for the F-1 visa is submitted, the student may no longer be able to enter the U.S. in their original status
  • Student must complete F-1 Registration in ISSAlink upon arrival on campus
  • USCIS adjudication is taking 12-18 months, unless the student also pays the Premium Processing fee
  • Students must complete F-1 Registration in ISSAlink upon confirmation of the new status
  • More information about filing the I-539 application online can be found here; more information about premium processing can be found here.
  • If you exit the U.S., you must apply for an F-1 visa stamp

While this page focuses on the process for applying for a Change of Status in the U.S., students can find:

  • Information about requesting the I-20 here
  • More general information about applying for an F-1 student status here
  • More specific information about applying for an F-1 visa at the U.S. Embassy here

ISSA strongly recommends that students apply at the U.S. Embassy or Consulate for a new visa status, but we understand that circumstances may prevent the student from exiting the U.S. to do so. 

The information below is most applicable for students who to want to change to an F-1 Student immigration status and who:

  • began their studies at the University in a dependent status, like L-2, A-2, or J-2, who need to change to an F-1 student status prior to the completion of their program
  • are present in the U.S. as a dependent visa holder, like F-2 or J-2, and have been accepted to a Notre Dame program

A student who is present in the U.S. but does not have a valid immigration status should consult with an experienced immigration attorney before attempting to file a change of status petition. Generally, students who do not have a valid immigration status are ineligible to file a change of status petition, but an experienced immigration attorney can guide the individual student based on their particular circumstances.

Change of Status Application Process

To apply for a change of status in the U.S., the student will file a Form I-539, Application to Change Nonimmigrant Status with USCIS, as outlined below. This process can be completed online.

*It’s important to remember that a student is only eligible to apply for a change of status to F-1 Student if they are still a bona fide nonimmigrant, meaning they have a current nonimmigrant status and they have not violated the conditions of that status.

Submitting the I-539, Application to Change Nonimmigrant Status

As to the I-539 petition, the student will need to gather the documents below and review the application process and fees at https://www.uscis.gov/i-539.  Premium processing is now available for Form I-539 Change of Status petitions.

If you want to consult with an experienced immigration attorney to assist with the application; you can find a list here.

Gather electronic copies of the following documents to complete the I-539 application online:

  • Biographical page from valid, unexpired passport
  • I-94 Record
  • SEVIS I-901 fee receipt
  • Initial - Change of Status Form I-20 from ISSA
  • Financial documentation demonstrating ability to pay for studies or program
  • Evidence that student or dependent has maintained the current status
  • Signed cover letter providing details including: 
    • why they want to change your status,
    • how they have maintained the current status, and
    • summary of all materials they are submitting.
  • If changing to F-1 status, Notre Dame admission letter

Once the student has reviewed current filing fees and ensured accurate payment info, they are now ready to file the Form I-539 with USCIS.

While the application is pending, the individual: 

  • should NOT travel outside of the U.S. If they travel abroad while the petition is pending, it will likely result in the denial of the case
  • should notify ISSA if the change of status is not approved by the program start date on the I-20
  • should NOT engage in any employment (on campus or off campus) based upon the anticipated F-1 status

After the student has received the approval notice from USCIS, they should notify ISSA so that we can provide guidance on next steps, including completing the F-1 Registration process or terminating current student status.

If you are considering a change of status to F-1 student status in the U.S., there are some essential notes to understand about the process:

  • If your plans change, and you decide to exit the U.S. to apply for an F-1 visa at a U.S. consulate, ISSA will need to issue a new I-20 for that Initial application
    • Submit the Updated I-20 Request Form in ISSAlink.
    • This results in a new SEVIS ID number and the student will have to transfer the I–901 fee to the new I-20.
  • There is no guarantee the change of status petition will be processed on your preferred timeline, though you may pay for Premium Processing, which will expedite a response.
    • Current processing times without Premium Processing have been 12-18 months.
    • If the F-1 status is not approved by the start of the semester, we will have to defer the program start date on the I-20, and the student will need to defer their enrollment plans.
  • You are eligible to apply if you were lawfully admitted to the U.S. in a non-immigrant status and did not violate the conditions of their status.
  • You must maintain your current status while the Change of Status petition is pending.
  • While the Change of Status Initial I-20 allows you to apply to change your status within the U.S., if you exit the U.S. in the future, you will have to apply for an F-1 visa to re-enter the U.S.
  • If you exit the U.S. while the application with USCIS is pending, your application will be canceled;
    • You will need to request an Initial I-20 from ISSA and apply at a U.S. consulate for a visa stamp to re-enter.

Disadvantages for Filing a Change of Status Petition

While the main advantage of filing a Change of Status petition in the U.S. is that you do not need to exit the U.S. while it is processing, there are a number of disadvantages: 

  • The student must pay the I-539 fees now and the DS-160 fee later. 
  • Processing is slow or there are high premium processing fees if the applicant wants to expedite. 
  • There is no information on the progress of the petition while it is pending.
  • Strict limitations on travel outside the U.S. until the petition is approved; exiting the U.S. cancels the petition. 
  • If the current status does not allow employment, the student cannot work on campus or apply for work authorization until the petition is approved. 
  • The application may be denied, which will require the student to exit the U.S. quickly. 

Requesting the Form I-20

Regardless of how the student intends to apply to change their status, they will need an I-20 from the ISSA office. This I-20 can be requested by submitting the Initial Document Request Form in ISSAlink, and uploading the original admission letter, copy of the biographical page of the passport, and funding for at least one year of the program.

Changing to F-2 Status in the U.S.

While the information above generally applies to individual's applying for a change to F-2 status, it's particularly important to note that the original status MUST be maintained until the F-2 status is approved. If the student is in F-1 status, then they are subject to the enrollment and reporting requirements of their current status until the F-2 is approved.

To initiate the change of status to F-2 or J-2, they will need to have their Primary F-1/J-1 request a dependent I-20/DS-2019. If the F-1 or J-1 student attends Notre Dame, they must request a dependent I-20/DS-2019 via ISSAlink (under Student Services).

Change to J-1 Student Status 

Any student who wants to change to J-1 Student status should complete the Initial Document Request form in ISSAlink, per the instructions above. Reach out to ISSA with any questions.