Change to F-1 Status

Overview

When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. You may enter the US with one purpose and later change your purpose. When this happens, you may need to obtain a new status. Different visa/status categories allow different activities.

A person of any nonimmigrant status except C, D, K, or M (and in some cases J), and except those who entered the United States under the terms of the Visa Waiver Program, can apply for a change to F-1 status they have maintained lawful nonimmigrant status up to the time of application. Those with J status who are subject to 212(e) two-year home country physical requirement may not change status in the US unless a waiver has been granted. Nonimmigrants in A, G, or NATO status must first complete Form I-566, and have it properly endorsed by the foreign mission to the US and the Department of State.

This page contains general information on obtaining a new nonimmigrant status. It is not legal advice and ISS staff are not attorneys. Any student pursuing a Change of Status (COS) within the US is highly recommended to consult and work with an immigration attorney.

Options to Gain a New Nonimmigrant Status

Pathway 1: Travel & Re-entry with Initial I-20
Pathway 2: Change of Status in US with COS I-20

Process:

  • Newly admitted students: Request an Initial I-20 from International Admission via the post-admission process I-20 Request Form
  • Current students: Request an Initial I-20 via Etrieve Forms (“Change to F-1 Status” form)
  • Exit the United States
  • Apply for an F-1 visa at a US consulate/embassy abroad
  • Re-enter the US using the I-20 and F-1 visa

Process:

  1. Request a Change of Status I-20 from ISS via Etrieve Forms (“Change to F-1 Status” form)
  2. Submit an I-539 application to US Citizenship and Immigration Services (USCIS) for a change of status.
  3. If approved, USCIS will give you official documentation of your new status.

Advantages:

  • This process is usually faster than changing status in the US
  • You will obtain the entry visa and the status

Advantages:

  • Ability to stay in the US during processing

Disadvantages:

  • Possibility of visa processing delay
  • Expense and logistics of travel

 


Disadvantages:

  • USCIS processing can be very slow which may jeopardize your ability to begin your studies or on-campus work.
  • You must stay in the US during processing; exiting the US cancels the application.
  • You must obtain an F-1 visa the next time you travel outside the US
  • Possibility of denial, which could require you to depart the US

Considerations:

  • When did you enter the US with your current status?
    • You are not able to apply for a Change of Status within the first 90 days after your entry on your current status. Doing so will likely result in a denial of your application due to fraudulent entry.
  • When does your current status expire?
  • Does your current status allow work or full-time study?
  • When do you want/need F-1 status to start?
  • Do you want to work in an on-campus student position soon?
  • Are you able to travel, apply for an F-1 visa, and re-enter the US before the upcoming semester (or whichever semester you hope to start F-1 status)?
  • Do you plan to travel internationally in the upcoming year or the future?
  • What are the current USCIS processing times?
  • What is the current climate around immigration in the US?
  • Do you want off-campus work authorization, such as CPT or OPT, in the future?
  • When will you graduate?
  • Do you have a pending permanent resident application?

Note: USCIS holds the sole decision over whether or not a Change of Status is approved within the US or an initial F-1 visa is issued abroad. It is highly recommended that students work with an immigration attorney if pursuing a Change of Status within the US.

 

Change of Status to F-1 Application Process

Step 1: Internal (Elmhurst University) Process

Note: A Change of Status I-20 is required for the USCIS application. Submitting an application without a Change of Status I-20 will result in denial of your application by USCIS.

  • Please discuss your intent to change to F-1 status before submitting an I-20 request.
  • Log-in to MyElmhurst Portal
  • Click the Etrieve Forms app
  • Log-in to Etrieve Forms via Okta (blue circle icon)
  • Input your details as requested
  • Indicate if you are requested an Initial I-20 or a Change of Status I-20
  • Input the requested information and attach the required documents
    • Initial I-20
      • Proof of full course load enrollment for the current/following semester(s)
      • Original, current financial documents verifying availability of adequate funds to cover designated Elmhurst University I-20 amount (tuition and fees, living expenses, and medical insurance).
        • Bank letters and/or statements must not be older than 6 months.
      • Completed Elmhurst University Declaration of Finances/Affidavit of Support form
        • Student completes student section
        • If utilizing a sponsor bank statement, Sponsor completes the sponsor section and confirms funding amount (student confirms amount if not utilizing sponsor funds)
      • Change of Status I-20
      • Click “submit” when your application is complete and all required documents are attached
      • ISS will receive the completed form to provide a final review
      • The requested I-20 will be produced and emailed to you if the form is complete and you had previously discussed changing to F-1 status with ISS staff
        • If changing to F-1 status was not previously discussed your application will be denied and you will be required to meet with ISS staff before reapplying for an I-20
Step 2: External (Travel or USCIS) Process
  • If traveling with an Initial I-20 to gain F-1 status
    • Plan your travel timeline. You cannot enter the US in F-1 status earlier than 30 days before your I-20 start date.
    • Apply for an F-1 visa at a US consulate outside the US. Canadian citizens are not required to apply for an F-1 visa (proceed to the next step instead).
    • Reenter the US
      • Make sure to travel with your F-1 documents
    • For further information about travel and re-entry and/or visa applications, refer to the US Department of State website and Travel Outside the US and Reentry.
  • If applying for a Change of Status to F-1 within the US
    • Create a USCIS Account
    • Log-in to your USCIS Account
    • Select the Form I-539 (Application to Extend/Change Nonimmigrant Status)
    • You will be guided to complete the relevant parts of your Form I-539
    • Submit required documents, including current status documents
    • Pay your filing fee online
    • Submit your application to USCIS
    • You will receive near-instant notification of application receipt in your USCIS online account
      • Please email a copy of your receipt to ISS
    • Please note – if you are applying for a Change of Status with dependents you will need to apply via a physical I-539 and mail to the appropriate mailing address.
  • USCIS Premium Processing for Change of Status Application
    • USCIS allows for Premium Processing applications for Change of Status applications (Form I-539, Application to Extend/Change Nonimmigrant Status). Premium Processing guarantees adjudicative action (review and decision) within 30 days for Form I-765 applications. It does not, however, affect or guarantee the outcome of an application.
    • Students that would like to utilize Premium Processing will file a Form I-907, Request for Premium Processing Service. The USCIS Form I-907 page provides instructions on how to file the form online by application type, which will require the creation of a USCIS online account, selecting Form I-539 and “Change of Status,” choosing Premium Processing, and completing the application as prompted.  Please note that Premium also be applied for later with a pending Form I-539. Applicants must pay a fee when filing a Premium Processing request; current fees by Form type can be found on the USCIS Fee Schedule page.
    • Reach reach out to ISS if you have any questions about Premium Processing for your eligible application(s).

After Submitting Your Change of Status Application

  • Change of Status applications can take up to 12 months or longer to be reviewed and decided.
  • You must maintain your current status by following all status regulations while your Change of Status application is pending.
  • If your application is still pending with USCIS after the I-20 program start date, please contact ISS for an updated I-20 with a deferred program start date.
  • If you are issued a request for evidence, please email a copy to ISS ASAP for review and processing of any ISS related sections (share with your immigration attorney as well).
  • If plans change and you must travel outside the US before F-1 status is approved, notify ISS. You should withdraw your Change of Status application with USCIS and follow the steps for an Initial I-20. Departing the US with a pending Change of Status application will result in the automatic cancellation of your application.
  • If your Change of Status is approved, please submit a copy of your Approval Notice to ISS. Your SEVIS record will be registered and you will be required to begin your academic studies at the next available term, which will be confirmed by ISS staff.
  • If your Change of Status is denied please submit a copy of your Denial Notice to ISS. Your ability to remain in the US will be determined by whether or not your current/previous status is still valid, which ISS staff will discuss with you. Consult with an immigration attorney as well.

Important Things to Remember

If you are currently in F-2 status:

Source: 8 CFR (Code of Federal Register) § 214.2(f)(15)(ii)

  • Individuals in F-2 status are eligible for part time study. Refer to F-2 Dependents for details. However, once your change of status to F-1 is approved, you are required to be enrolled full time. If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part time until the end of the current semester in order to maintain your F-2 status.
If you are currently in B1/B2 status:

Source: 8 CFR § 214.2(b)(7) and §248.1(c)

  • Individuals in B1/B2 status are prohibited from “enrolling in a course of study” until after USCIS approves their change of status application.
If you are currently in any other status (e.g., H, J, L, E, etc.):
  • If your current status allows full-time studies in the US, you may start classes before your change of status application is approved. However, you are not allowed employment under F-1 status until after your application is approved. For example, if you have an assistantship, you won’t be able to start it until after you receive your F-1 status.

Connect with #elmhurstu