There are two methods that can be used to change your non-immigrant change status:
Outside the U.S.
Application is made for a visa for the new status at a U.S. Embassy or Consulate.
Within the U.S
Applications are submitted to the U.S. Citizenship and Immigration Service (USCIS). It is possible to submit an
application to the USCIS to request to change from one status to another. For example, an individual may want
to change from F-1to J-1. There are four primary steps to every change of status application. The fifth step
only applies to dependents (F-2, J-2, H-4, etc).
- USCIS Form I-539, Application to Extend/Change Nonimmigrant Status
- $300.00 filing fee
- Evidence applicant is eligible for the requested status
- Evidence applicant is maintaining current status at time of application
- If applicant's current or requested status is dependent on someone else's status, it is necessary to show that person is also maintaining status (For example, an J-2 status is derivative of an J-1 status; therefore, the J-1 must maintain status in order for the J-2 to be in status).
It is important to understand that one is NOT applying to change visas but to change
status. Please read Visa vs. Immigration Status for further explanation of the
difference. If a change of status is approved, the applicant will not receive a new
visa, but rather a new status. The applicant is eligible for all the benefits of the newly
approved status; however, if the applicant travels outside of the U.S., it will be
necessary for he/she to obtain a new visa while abroad in order to re-enter with the
newly acquired status.
For more details or if you would like an ISSS advisor to review your change of status
application before you submit it to USCIS, pease call ISSS at (785) 864-3617 for
an appointment.
Two Year Home Residency Requirement-INA Section 212(e)
Some J-1 students are subject to this requirement and some are not. Students
receiving direct funding from the U.S. government or their home government will
be subject. There is also a Skills List, established between the U.S. government
and the individual student’s home government. Students studying a skill on the
list for their country will be subject to the requirement. Those individuals who are
subject must return home for two years before they can apply for permanent
residence, an H visa or an L visa. If subject to the two years, exchange visitors
cannot apply for any type of change of status from within the U.S. Waivers of this
requirement are few, difficult and time-consuming. If the J-1 is subject to the two
years, all J-2 dependents are subject as well. An on-line survey to help determine
if the two- year requirement applies can be found at
https://j1visawaiverrecommendation.state.gov. For further information about the
waiver process, refer to the U.S. Department of State’s website:
http://travel.state.gov/visa/temp/info/info_1288.html.
