International Student & Scholar Services

International Programs

Changing Immigration Status

Overview

F-1 or J-1 student status is appropriate if you intend to pursue full-time studies in the United States. For persons currently in the US in another nonimmigrant status, there are two ways to obtain F-1 or J-1 student status:

You may attain F-1 or J-1 status via travel abroad.
You may attain F-1 or J-1 student status by applying to the US Citizenship and Immigration Services (USCIS) for a change of status without departing the US.

Both methods require that you demonstrate that you intend to leave the US after completing your program of study or do not plan to stay in the US indefinitely. Under the Immigration and Nationality Act, Section 101(a)(15)(F)(i), an F-1 student must be...an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study...temporarily and solely for the purpose of pursuing such a course of study...

Obtain F-1 or J-1 Status by Travel

You may attain F-1 or J-1 status by leaving the US before commencing your academic program, obtaining an F-1 or J-1 student entry visa stamp and reentering the US.

NOTE: Canadian citizens and Bermudan passport holders are exempt from obtaining a visa stamp.

First, apply for an I-20 (F-1) or DS-2019 (J-1) Certificate of Eligibility from the ISSS. The Application for an I-20 or DS-2019 is available from your admitting school. Pay the SEVIS fee as instructed when you receive your I-20 or DS-2019. Use the I-20 or DS-2019 to apply for an F-1 or J-1 visa stamp at a US embassy or consulate abroad. ISSS recommends you apply for the visa stamp in your country of citizenship or permanent residence. Upon entry to the US, present your I-20 or DS-2019, passport, visa stamp, and SEVIS fee receipt to the immigration inspector. You will receive an I-94 card indicating F-1 or J-1 status.

Upon arrival in the US, you must report to ISSS to register your immigration status in the SEVIS system.

Change of Status while in the United States

Individuals currently in the US may apply for a change of status from certain nonimmigrant classifications to F-1 or J-1 student status. This process does not require a departure from the US. The USCIS reviews applications for change of status based on the applicant's ability to document and justify a change of intent after arrival to the US. Applications are approved at the discretion of the USCIS adjudicator.

Please note the applicant must be in valid status at the time the application is received at USCIS and that the current nonimmigrant status of the applicant will continue to be valid up until the date that the new status is requested to begin. If USCIS determines that the change would be approved more than 30 days in advance of the program start date, there is a chance the application could be denied. If there is a question of when you should file your change of status, we suggest you contact ISSS to discuss the timing of your application.

To apply for a change of immigration status to F-1 or J-1 within the United States, submit the following to the USCIS. You will also need to include additional documents depending on the visa you currently hold (please see appropriate section below). If you have any questions about your eligibility to apply for a change of status or the process, we recommend you consult with an ISSS advisor prior to submitting your application.

A cover letter from you requesting the change of status and explaining your circumstances, including information about why you entered the US in your current status, why and how your intentions changed once in the US, and any other relevant information. Since you are applying for a nonimmigrant status, it is also advisable that you demonstrate strong ties to your home country and/or that you do not have intentions to immigrate to the US.
Form I-539, available from ISSS or the USCIS web site: http://www.uscis.gov/forms. List any dependent family members changing their dependent status (to F-2 or J-2) in Supplement 1 on Form I-539.
Your new, original SEVIS I-20 (for F-1) or DS-2019 (for J-1) prepared by Penn (remember to sign your form).
Receipt confirming payment of the SEVIS fee (Form I-901). For payment instructions, please visit: https://www.fmjfee.com/index.jhtml (if you pay the SEVIS fee online, you can print the receipt immediately).
Copy of your passport identification page and visa stamp (Canadian citizens and Bermudan passport holders do not have a visa stamp)
Copy of your I-94 front and back (small, white card)
Copies of your financial documentation used to obtain your I-20 or DS-2019 to Penn.
$300.00 check or money order payable to the Department of Homeland Security. This one fee covers you and any F-2 or J-2 dependents who you have listed on Supplement 1 of the I-539 form.

Issues Specific to Original Visa Type

In addition to the items required of all change of status applicants, consider and/or include the following information. If you hold an immigration status that is not listed below, consult ISSS regarding eligibility requirements.

Changing from H-1 or H-4

In addition to the items on page 1, please include:

Copies of all previously issued I-797 forms showing H status
Evidence that you have maintained valid H status (e.g. a letter from the H-1 employer confirming current employment and most recent pay stubs).

You may not work at your H-1 employment after the change of status to F-1 or J-1 student is effective.

You may begin your studies while the change of status application is pending.

Changing from J-1 or J-2

In addition to the items on page 1, please include:

Copies of all previously issued DS-2019 Forms showing J status
For J-2s: Copies of your spouse's (J-1) immigration documents: DS-2019 forms, passport information page, visa stamp page and I-94 card (front and back)

You may begin your studies while the change of status application is pending

Both J-1 and J-2 visa holders who are subject to INA Section 212(e), also known as the "two-year home residency requirement," may not change status within the US, unless they have received a waiver of the requirement from the US Department of State or have fulfilled the requirement.

Changing J category, i.e. from J-1 research scholar to J-1 student, requires an application to the State Department, not to USCIS.

Changing from F-2

In addition to the items on page 1, please include:

Copies of your spouse's (F-1) immigration documents: I-20 forms, passport information page, visa stamp page and I-94 card (front and back). If your spouse is currently on post-completion Optional Practical Training, also include a copy of his or her employment authorization card.
Copies of your (F-2) I-20 forms

Your F-1 status must be approved before beginning your studies.

Changing from B-1 or B-2

Applications for change of status from B-1 or B-2 to F-1 made by persons who either have already applied to US schools from abroad or who apply for a change of status shortly after entry to the US are routinely denied. However, if your B-2 visa is marked "prospective student", the change of status may be approved.

Your F-1 status must be approved before beginning your studies.

Mailing Your Application

Photocopy your complete application for your personal records. We recommend that you send your completed application by Certified Mail, Return Receipt Requested or by express mail.. For the mailing address and instructions, refer to the I-539 application at http://www.uscis.gov/forms.

Important Considerations

Travel abroad while a change of status application from within the US is pending is seen as an abandonment of the application and will affect your student SEVIS status. If you plan to leave the US while the application is pending, consult an ISSS advisor. You will be instructed on how to cancel the change of status application and obtain a new I-20 based on a new SEVIS record for travel.
In certain cases, a change of status to F-1 or J-1 cannot be approved after your program start date. If your request for change of status to F-1 or J-1 has not been approved by the program start date on your I-20, you should notify an advisor at ISSS to determine if we need to defer the start date on your I-20.
You may not begin an assistantship, or engage in approved on or off campus student employment of any kind until your change of status has been approved.
Processing times vary at each service center. Check the USCIS web site for current processing times: https://egov.immigration.gov/cris/jsps/ptimes.jsp.
You will receive an I-797 receipt notice from the USCIS approximately one month after filing your application. You may check the status of your application on-line using the receipt number found on the I-797 receipt notice: https://egov.immigration.gov/cris/caseStatusSearchDisplay.do.
After a change of status from within in the US, you may need to obtain a new visa stamp for your new status on your next trip abroad. This will necessitate a visit to a US embassy or consulate during that trip. Consult with ISSS about this process well before your trip.Please note that Canadian citizens and Bermudan passport holders are exempt from the visa stamp requirement.
If you receive a Request for Further Evidence (RFE) from the USCIS, consult with ISSS and/or your immigration attorney before responding.
Denial of a Change of Status to F-1 or J-1 may lead to legal problems for an individual and, in some cases, could result in being barred from reentering the US for several years. We strongly recommend that you consult a qualified immigration attorney if your application will not be adjudicated by the expiration date on your current I-94 card.
You must report the outcome of your application to ISSS . Upon receipt of your approval to F-1 or J-1 status, please report to ISSS and bring a photocopy of your approval notice (for changes of status within the US), passport pages, I-20 or DS-2019, and I-94. ISSS will register your immigration status in SEVIS.

NOTE: ISSS reminds students that a change of status application is the responsibility of the applicant. ISSS has provided the above information as a courtesy and recommends that persons with complex applications consult a competent immigration attorney before proceeding. The American Lawyer's Immigration Association (AILA) offers an Immigration Lawyer Referral Service (ILRS) at: https://www.aila.org/.

This document is also available as a handout, Changing Visa Status to F-1 or J-1 Student (PDF), to assist you with your change of status application.

Return to Visa Information

	International Programs Penn Abroad \| ISSS \| IA@Penn
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Both methods require that you demonstrate that you intend to leave the US after completing your program of study or do not plan to stay in the US indefinitely. Under the Immigration and Nationality Act, Section 101(a)(15)(F)(i), an F-1 student must be...an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study...temporarily and solely for the purpose of pursuing such a course of study... Obtain F-1 or J-1 Status by Travel You may attain F-1 or J-1 status by leaving the US before commencing your academic program, obtaining an F-1 or J-1 student entry visa stamp and reentering the US. NOTE: Canadian citizens and Bermudan passport holders are exempt from obtaining a visa stamp. First, apply for an I-20 (F-1) or DS-2019 (J-1) Certificate of Eligibility from the ISSS. The Application for an I-20 or DS-2019 is available from your admitting school. Pay the SEVIS fee as instructed when you receive your I-20 or DS-2019. Use the I-20 or DS-2019 to apply for an F-1 or J-1 visa stamp at a US embassy or consulate abroad. ISSS recommends you apply for the visa stamp in your country of citizenship or permanent residence. Upon entry to the US, present your I-20 or DS-2019, passport, visa stamp, and SEVIS fee receipt to the immigration inspector. You will receive an I-94 card indicating F-1 or J-1 status. Upon arrival in the US, you must report to ISSS to register your immigration status in the SEVIS system. Change of Status while in the United States Individuals currently in the US may apply for a change of status from certain nonimmigrant classifications to F-1 or J-1 student status. This process does not require a departure from the US. The USCIS reviews applications for change of status based on the applicant's ability to document and justify a change of intent after arrival to the US. Applications are approved at the discretion of the USCIS adjudicator. Please note the applicant must be in valid status at the time the application is received at USCIS and that the current nonimmigrant status of the applicant will continue to be valid up until the date that the new status is requested to begin. If USCIS determines that the change would be approved more than 30 days in advance of the program start date, there is a chance the application could be denied. If there is a question of when you should file your change of status, we suggest you contact ISSS to discuss the timing of your application. To apply for a change of immigration status to F-1 or J-1 within the United States, submit the following to the USCIS. You will also need to include additional documents depending on the visa you currently hold (please see appropriate section below). If you have any questions about your eligibility to apply for a change of status or the process, we recommend you consult with an ISSS advisor prior to submitting your application. *A cover letter* from you requesting the change of status and explaining your circumstances, including information about why you entered the US in your current status, why and how your intentions changed once in the US, and any other relevant information. Since you are applying for a nonimmigrant status, it is also advisable that you demonstrate strong ties to your home country and/or that you do not have intentions to immigrate to the US. *Form I-539, available from ISSS or the USCIS web site: http://www.uscis.gov/forms. List any dependent family members changing their dependent status (to F-2 or J-2) in Supplement 1 on Form I-539. Your new, original SEVIS I-20 (for F-1) or DS-2019 (for J-1)* prepared by Penn (remember to sign your form). *Receipt confirming payment of the SEVIS fee (Form I-901). For payment instructions, please visit: https://www.fmjfee.com/index.jhtml (if you pay the SEVIS fee online, you can print the receipt immediately). Copy of your passport identification page and visa stamp* (Canadian citizens and Bermudan passport holders do not have a visa stamp) *Copy of your I-94 front and back* (small, white card) *Copies of your financial documentation* used to obtain your I-20 or DS-2019 to Penn. *$300.00 check or money order* payable to the Department of Homeland Security. This one fee covers you and any F-2 or J-2 dependents who you have listed on Supplement 1 of the I-539 form. Issues Specific to Original Visa Type In addition to the items required of all change of status applicants, consider and/or include the following information. If you hold an immigration status that is not listed below, consult ISSS regarding eligibility requirements. Changing from H-1 or H-4 In addition to the items on page 1, please include: *Copies of all previously issued I-797 forms* showing H status *Evidence that you have maintained valid H status* (e.g. a letter from the H-1 employer confirming current employment and most recent pay stubs). You may not work at your H-1 employment after the change of status to F-1 or J-1 student is effective. You may begin your studies while the change of status application is pending. Changing from J-1 or J-2 In addition to the items on page 1, please include: *Copies of all previously issued DS-2019 Forms* showing J status For J-2s: Copies of your spouse's (J-1) immigration documents: DS-2019 forms, passport information page, visa stamp page and I-94 card (front and back) You may begin your studies while the change of status application is pending Both J-1 and J-2 visa holders who are subject to INA Section 212(e), also known as the "two-year home residency requirement," may not change status within the US, unless they have received a waiver of the requirement from the US Department of State or have fulfilled the requirement. Changing J category, i.e. from J-1 research scholar to J-1 student, requires an application to the State Department, not to USCIS. Changing from F-2 In addition to the items on page 1, please include: *Copies of your spouse's (F-1) immigration documents:* I-20 forms, passport information page, visa stamp page and I-94 card (front and back). If your spouse is currently on post-completion Optional Practical Training, also include a copy of his or her employment authorization card. *Copies of your (F-2) I-20 forms* Your F-1 status must be approved before beginning your studies. Changing from B-1 or B-2 Applications for change of status from B-1 or B-2 to F-1 made by persons who either have already applied to US schools from abroad or who apply for a change of status shortly after entry to the US are routinely denied. However, if your B-2 visa is marked "prospective student", the change of status may be approved. Your F-1 status must be approved before beginning your studies. Mailing Your Application Photocopy your complete application for your personal records. We recommend that you send your completed application by Certified Mail, Return Receipt Requested or by express mail.. For the mailing address and instructions, refer to the I-539 application at http://www.uscis.gov/forms. Important Considerations Travel abroad while a change of status application from within the US is pending is seen as an abandonment of the application and will affect your student SEVIS status. If you plan to leave the US while the application is pending, consult an ISSS advisor. You will be instructed on how to cancel the change of status application and obtain a new I-20 based on a new SEVIS record for travel. In certain cases, a change of status to F-1 or J-1 cannot be approved after your program start date. If your request for change of status to F-1 or J-1 has not been approved by the program start date on your I-20, you should notify an advisor at ISSS to determine if we need to defer the start date on your I-20. You may not begin an assistantship, or engage in approved on or off campus student employment of any kind until your change of status has been approved. Processing times vary at each service center. Check the USCIS web site for current processing times: https://egov.immigration.gov/cris/jsps/ptimes.jsp. You will receive an I-797 receipt notice from the USCIS approximately one month after filing your application. You may check the status of your application on-line using the receipt number found on the I-797 receipt notice: https://egov.immigration.gov/cris/caseStatusSearchDisplay.do. After a change of status from within in the US, you may need to obtain a new visa stamp for your new status on your next trip abroad. This will necessitate a visit to a US embassy or consulate during that trip. Consult with ISSS about this process well before your trip.Please note that Canadian citizens and Bermudan passport holders are exempt from the visa stamp requirement. If you receive a Request for Further Evidence (RFE) from the USCIS, consult with ISSS and/or your immigration attorney before responding. Denial of a Change of Status to F-1 or J-1 may lead to legal problems for an individual and, in some cases, could result in being barred from reentering the US for several years. We strongly recommend that you consult a qualified immigration attorney if your application will not be adjudicated by the expiration date on your current I-94 card. You must report the outcome of your application to ISSS . Upon receipt of your approval to F-1 or J-1 status, please report to ISSS and bring a photocopy of your approval notice (for changes of status within the US), passport pages, I-20 or DS-2019, and I-94. ISSS will register your immigration status in SEVIS. NOTE: ISSS reminds students that a change of status application is the responsibility of the applicant. ISSS has provided the above information as a courtesy and recommends that persons with complex applications consult a competent immigration attorney before proceeding. The American Lawyer's Immigration Association (AILA) offers an Immigration Lawyer Referral Service (ILRS) at: https://www.aila.org/. This document is also available as a handout, Changing Visa Status to F-1 or J-1 Student (PDF), to assist you with your change of status application. Return to Visa Information
	International Programs Penn Abroad \| ISSS \| IA@Penn