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Change of Status

Change of status is the process of switching from one nonimmigrant (temporary) category to another while you stay in the United States, for example from F-1 student to H-1B worker. It is done on Form I-539 or, for work categories, by an employer on Form I-129.

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On this page
  1. How it works
  2. Frequently asked questions
  3. Official sources

How it works

To qualify, you usually must have entered legally, still be in valid status, and not have violated the terms of that status. Some people cannot change status inside the US, including most visitors who entered under the Visa Waiver Program and most C, D, and K visa holders.

Changing status does not give you a new visa stamp. If you later travel abroad, you usually need a visa in the new category to return.

Change of status is different from adjustment of status, which is for green cards. See our change of status guide and extending your stay.

Frequently asked questions

Can I change from a tourist visa to a student visa?

Sometimes, on Form I-539, but you cannot start classes until it is approved, and intent at entry matters. Many people apply for an F-1 visa abroad instead.

Can I work while my change of status is pending?

Only if your current status already allows work. The new status's work rights begin on approval.

What is the difference between change of status and consular processing?

Change of status happens inside the US. Consular processing means getting a new visa at a US consulate abroad.

Official sources

  1. USCIS: Change to nonimmigrant statususcis.gov
  2. USCIS: Form I-539uscis.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.