Status change Process

Status Change Guide

• No Need to Leave the U.S.: You can change your visa status without leaving the U.S., saving time and money on travel and visa appointments.
• Maintain Current Status: As long as your current visa status is valid, you can apply to USCIS for a status change while staying in the U.S.

These visa types are typically changed to F-1 student status:

• B-1/B-2 Tourist Visa: It is recommended to wait at least 60 days after entry before applying for a status change from a tourist visa to F-1.
• H-1B Work Visa: Many individuals holding an H-1B work visa change to F-1 to pursue academic studies.
• J-1 Exchange Visitor Visa: J-1 visa holders may change to F-1 status if they are eligible for a waiver of the two-year home-country residency requirement.

Steps to Change to F-1 Status

1. Apply to NYEA

   Enroll in a full-time program at NYEA (minimum 18 hours per week).

   Documents Required to Obtain an I-20

   Submit these documents to NYEA:

   • Passport (valid for at least 6 months beyond the program end date).
   • Current visa.
   • I-94 form (showing your latest U.S. entry).
   • Proof of financial support (e.g., bank statements or sponsor letter).
   • Completed Enrollment Agreement form.

   The Designated School Official (DSO) will review your submitted documents.

2. Initial Fee Payment

   You are required to pay the initial fee, which includes the registration fee and I-20 processing fee.
   Once the payment has been completed, NYEA will process and issue your I-20.

3. Submitting Your Status Change Application

   Once you receive your I-20, submit Form I-539 along with the necessary supporting documents to USCIS.
   The process may take several months, and it is essential to maintain your current visa status during this time.
   It is recommended to consult an immigration attorney to assist with your application.

4. Awaiting Approval

   While waiting for approval, you must keep your current visa status valid.
   You cannot begin your studies at NYEA until your F-1 status is approved. Additionally, respond promptly to any requests or notices from USCIS.
   For J-1 visa holders, it is possible to start the program at NYEA while waiting for approval.
   Please consult with an immigration attorney for more details.

5. Start Your Studies

   Once your F-1 visa status is approved, you must provide us with your approval notice. You will receive information about the speaking test, an email detailing your class schedule, and orientation details.
   Attendance at the orientation is mandatory as part of the enrollment process.
   You can begin your full-time studies.

Changing your status to an F-1 visa is an important step toward achieving your educational goals.
Make sure to fully understand the purpose of changing your status and follow the proper procedures for a smooth transition.

• Processing Time: USCIS status change applications typically take several months to process. To avoid delays, it’s recommended to apply as early as possible.
• Maintaining Current Status: While your status change is under review, you must maintain your current visa status. If your visa expires during the process, your application may be denied. It’s advisable to consult an immigration attorney for guidance.

If your status change application is denied, you may be required to leave the U.S.
It is highly recommended that you consult with an immigration attorney to ensure all documents are correctly submitted and that your application meets the requirements.

• Changing Status, Not the Visa: A status change only alters your legal status within the U.S. It does not replace the visa stamped in your passport. If you leave the U.S. and need to re-enter, you must apply for a new F-1 visa at a U.S. embassy or consulate in your home country.
• Travel Restrictions: Leaving the U.S. while your status change is pending will automatically cancel your application. You must remain in the U.S. until your status change is approved.
• Processing Time: The process can take several months. Begin early to avoid gaps in your legal status.
• Maintaining Status: Until your change of status is approved, you must maintain your current visa status. Failing to do so can negatively impact your application, so it’s advisable to consult an immigration attorney for guidance.
• Proof of Financial Support: You must provide sufficient financial documentation showing that you can support yourself during your studies. Insufficient proof may result in delays or denial of your application.