Change of Status (COS) and Extension
In general, you may apply to change your nonimmigrant status if 1) you were lawfully admitted to the U.S. with a nonimmigrant visa, 2)your nonimmigrant status remains valid, 3)you have not violated the conditions of your status and 4) you have not committed any crimes that would make you ineligible.
– COS from B2
During your visit to the U.S. on a B-1 or B-2 visa, your plans may change. Perhaps you will be given the opportunity to stay in the U.S. longer than you initially expected or even a chance to work or study in the U.S. for a temporary period of time. In this case, you need to file Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).
To extend your stay or change your status, you should show that
1. you intended to remain in the U.S. for only the authorized period of time,
2. you entered as a tourist for business, pleasure, or medical treatment,
3. you can support yourself financially during your time in the U.S.,
4. a written statement explaining the reasons for the extension request,
5. you intend to return to your home country that you still have economic and social ties abroad
Note:
USCIS recommends that you file your request at least 60 days before your authorized stay expires. In some cases, it might be impossible!
– COS (B2-F1)
1. Applying and receiving to receive acceptance from an SEVP-certified school
2. Getting a Form I-20 from the SEVP -certified school that admits you, and
3. Paying the I-901 SEVIS fee.
4. Submitting Form I-539 Application to Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS) with all required documents for a decision.
Special Instructions for B-1.B2 visitors
You must maintain your B-1 or B-2 status while your Form I-539 is pending. You will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:
1. Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. USCIS may approve your Form I-539 change of status request only if you are maintaining your B-1/B- 2 status up to 30 days before your program’s initial start date. If your status will expire more than 30 days before your F-1 or M-1 program’s initial start date, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, USCIS will deny your Form I-539 request to change to F-1 or M-1 status.
2. Your F-1 or M-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 program start date. You must file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.
Note:
1. The regulations prohibit beginning a full course of study until the change of status to F-1 is approved. If USCIS discovers that you have already enrolled in school, your application of changing your status from a B-1 or B-2 visitor will be denied.
2. The applicants must be able to maintain its current B-1/B- 2 status until the F-1 status is approved.
3. If the tourist status will expire prior to the approval (which is difficult to predict), the application will most likely be denied. Even though the applicants are allowed to stay in the U.S. while the application is pending.
4. If your application is likely to be denied, it will be better for you to travel, obtain an F-1 visa abroad, and reenter the U.S. in F-1 status.
– Q & A
Q: What If Your Status Expires Before My Application Is Approved?
A: Although your status expires before your application is approved, USCIS cannot place you in removal proceedings until your application has been decided. Moreover, you will not accrue unlawful presence while your application is pending. However, if you receive notice that your I-539 application has been denied, even if you the date on your I-94 has not yet passed, your B visa will become void and you will be required to depart the U.S. immediately.
– If You Are Not Eligible to Change Your Status
If you are not eligible to change your nonimmigrant status to F-1 or M-1 while in the United States, you may apply for an F-1 or M 1 visa at a U.S. consulate.
– Changing to H-1B Status
If you are an F-1 student interested in changing to H-1B status, your prospective employer must sponsor you and file that petition.
– J-1 Visa
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:
1. You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
2. You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
– Extension
If you want to extend US visa stay in the United States, you must file Form I-539, Application to Extend/Change Non-immigrant Status with U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning or you may be deported from the U.S.
Factors:
The USCIS will look at the following factors:
1. a definite plan to depart the U.S. at the end of the proposed extension period,
2. a residence abroad that the applicant has no intention of abandoning,
3. whether the applicant submits the extension of stay application before authorized stay expires,
4. whether the applicant has worked without permission in the U.S., and
5. whether the applicant has enough financial evidence to stay in the U.S.
Note:
USCIS recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.
1. If visa extension approved
If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date.
2. If Visa extension denied
If your visa extension application rejected or denied, you will receive a letter that will tell you why the application was denied. You will then be required to leave USA immediately.