Change of Status: Switching US Visa Categories Without Leaving

Your status is the category you are in, recorded on your Form I-94 arrival record. Your visa is the stamp in your passport that let you travel to the US. A change of status changes the first, not the second.

If USCIS approves a change of status, you are in the new category and can do what it allows, such as study or work. But if you leave the US, you usually need a visa in the new category to come back. See visa interview for how to get one.

Extending time in the same category is different; see extend your stay.

You generally can apply if:

• You were lawfully admitted to the US in a nonimmigrant category
• Your status is still valid (your I-94 has not expired)
• You have not violated your status, for example by working without permission
• You have no ground of inadmissibility or other bar

You cannot change status if you entered:

• Under the Visa Waiver Program (ESTA)
• In transit (C visa) or as a crew member (D visa)
• As a fiancé(e) on a K-1 (you can only adjust to permanent residence through the marriage)
• On a J-1 with the 2-year home residency requirement, unless it is waived (with limited exceptions)
• On an M-1 vocational student visa, to F-1 (and to H status in some cases)

If your status has already expired, USCIS can excuse a late filing only in narrow cases where the delay was beyond your control.

Family members in dependent status (such as H-4 or L-2) usually file Form I-539 together with the main worker's petition.

If you entered as a visitor saying you would go home, and then quickly applied to change to another status, officers may ask whether you misrepresented your plans at entry. The State Department uses a "90-day" guideline: conduct inconsistent with your stated purpose within 90 days of entry can be presumed to be misrepresentation. USCIS looks at the facts of each case.

This does not mean every change within 90 days is denied, but you should be able to show that your plans changed after you arrived. If you are unsure, talk to a licensed immigration lawyer before filing.

• You may stay in the US while a timely filed application is pending, even if your I-94 date passes.
• You cannot start the new activity until approval. A visitor changing to F-1 cannot begin classes, and a student changing to H-1B cannot start the H-1B job (unless cap-gap work permission applies; see cap-gap).
• If you leave the US while a change of status is pending, USCIS usually treats it as abandoned.
• Processing can take months. Check the USCIS processing times tool. Students changing to F, J, or M can pay $2,075 for premium processing.

If your I-94 has already expired when USCIS denies the request, you are out of status, and unlawful presence can start the day after the denial. Staying 180 days or more after that can bar you from returning for 3 years, and a year or more can mean 10 years. USCIS has said it may issue a Notice to Appear in immigration court when it denies a case and the person has no status.

You can sometimes file a motion to reopen or reconsider on Form I-290B ($800), but it does not keep you in status. Plan a backup, such as leaving on time and applying for a visa abroad. See visa denials and waivers and RFEs and NOIDs.