Change of Immigration Status: Filing I-539 in the US
Change your nonimmigrant status within the United States without leaving. Covers Form I-539, common status changes, eligibility, required documents, processing times, and what happens if your application is denied.
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Understanding Change of Status
Determine which status change you need
Common changes include B1/B2 to F1 (tourist to student), B1/B2 to H1B (tourist to worker, though this requires employer petition), F1 to H1B (student to worker), H1B to H4 (worker to dependent), and J1 to H1B (exchange visitor to worker). Each change has different requirements and forms. Some changes use I-539 (e.g., B to F) while others use I-129 (e.g., any change to H1B, filed by employer).
Confirm you are currently in valid nonimmigrant status
You must be in valid status when you file. Check your I-94 at i94.cbp.dhs.gov. If your authorized stay has expired, you are generally ineligible for change of status and must leave the US and apply for the new visa at a consulate abroad. Exceptions exist for certain immediate relative petitions.
Verify your current status does not bar a change
Certain statuses have restrictions. J1 exchange visitors subject to the 2-year home residence requirement must fulfill it or obtain a waiver before changing status. C1/D (transit/crew) status holders cannot change status. Visa Waiver Program (VWP/ESTA) entrants generally cannot change status. Check your specific situation against USCIS regulations.
Preparing the Application
File Form I-539 for most nonimmigrant status changes
Form I-539 covers changes between most nonimmigrant categories (B, F, M, J, H4, L2, etc.). Changes to H1B, L1, O1, and other petition-based statuses require the employer to file Form I-129 instead. Download the current form from uscis.gov. The instructions specify which status changes use I-539 versus other forms.
Pay the filing fee and biometrics fee
The I-539 filing fee is 370 USD. A biometrics fee of 85 USD applies for applicants aged 14-79. Total: 455 USD per applicant. For employer-filed I-129 petitions, the employer pays the filing fee (460 USD plus possible additional fees). Fee waivers are not available for most change of status applications.
Write a detailed cover letter explaining the change
Your cover letter should state: your current status and I-94 expiration, the status you are changing to and why, how you meet the eligibility requirements for the new status, and your plans after the new status is granted. Attach all supporting documents. A well-organized cover letter with clear explanations reduces the chance of an RFE.
Gather status-specific supporting documents
For B to F (student): I-20 from a SEVP-certified school, proof of finances, and academic transcripts. For any change to H1B: employer's I-129 petition, LCA, and job offer. For H1B to H4: spouse's H1B approval and marriage certificate. For F1 to H1B: employer's petition, OPT EAD card copy, and degree. Each change has specific document requirements listed in the form instructions.
Filing and Tracking
File online at uscis.gov or by mail to the correct lockbox
Online filing is available for I-539 and provides faster processing, electronic document upload, and real-time case tracking. Mail filing goes to the USCIS lockbox specified in the form instructions (varies by state of residence). Keep copies of everything you submit. Use tracked delivery for mail submissions.
Receive the filing receipt and remain in the US while pending
The receipt notice (I-797C) arrives 2-4 weeks after filing. Once filed, you can remain in the US while the application is pending, even if your current I-94 expires. However, you cannot begin activities authorized by the new status until the change is approved. A student cannot enroll full-time, and a dependent cannot work, until the new status is granted.
Respond to any Request for Evidence within the deadline
USCIS may request additional documentation. RFE deadlines are typically 87 days. Respond with all requested items. Organize documents with a cover sheet referencing the RFE and your receipt number. Missing the deadline or providing an incomplete response results in denial based on the existing record.
After the Decision
If approved, begin activity in your new status
The approval notice (I-797) shows your new status and authorized stay dates. You may now engage in activities permitted by your new status. Update your employer, school, or sponsor about the change. Your new I-94 is issued electronically and accessible at i94.cbp.dhs.gov.
If denied, consult an attorney about your options
A denial means your status has not changed. If your original status has expired, you begin accruing unlawful presence and should depart the US. Options after denial include departing and applying for the desired visa at a consulate, filing a motion to reopen or reconsider (if there was an error), or exploring other immigration remedies. Consult an attorney immediately.
Do not travel internationally while the change of status is pending
Leaving the US while a change of status application is pending is considered abandonment. The application will be denied. If you must travel, you would need to apply for the new visa at a US consulate abroad instead of changing status internally. Plan to remain in the US for the full processing period of 3-8 months. This guide is informational only, not legal advice.
Frequently Asked Questions
How long does a change of status take?
Processing times range from 3-8 months for Form I-539 depending on the service center and current workload. Employer-filed I-129 petitions can use premium processing (15 business days) for an additional 2,805 USD. I-539 does not have premium processing. Track current processing times on the USCIS website.
Can I change from a tourist visa to a student visa inside the US?
Yes, you can change from B1/B2 to F1 student status by filing Form I-539 with an I-20 from a SEVP-certified school, proof of financial support, and evidence of academic qualifications. Apply before your B status expires. You cannot begin full-time study until the change is approved. Some officers view this change skeptically if you entered on a tourist visa with the preconceived intent to study.
Can Visa Waiver Program entrants change status?
Generally no. Visitors who entered under the Visa Waiver Program (VWP/ESTA) waived the right to change or extend their status as a condition of entry. Exceptions exist for immediate relatives of US citizens (spouse, parent, or child) filing for adjustment of status. All other VWP entrants must leave the US and apply for the desired visa at a consulate.
What is the difference between change of status and adjustment of status?
Change of status (I-539 or I-129) changes from one nonimmigrant status to another nonimmigrant status (e.g., tourist to student). Adjustment of status (I-485) changes from nonimmigrant status to permanent resident (green card holder). They are different processes with different forms, fees, and eligibility requirements. This guide covers nonimmigrant change of status only.