Scenarios:

H-1B to F-1 student status

H-4 to F-1 student status

F-2 to F-1 student status

General information about the process:

The US Citizenship and Immigration Services [US CIS] will process a request for changing status in about 4 months. To check the California Service Center's (CSC) current processing times based on Receipt Date notice dates please review: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Once the Service Center approves the change of status (COS), the I-20 (Certificate of Eligibility for F-1 Student Status) will be marked "F-1 D/S." for duration of status, and the student will also be issued a new I-94 card with the same notation.

If you currently reside in California (or Arizona, Guam, Hawaii. Nevada), you will forward your request for the COS to the California Service Center (CSC).

You will need to inform the Bechtel International Center of the approval of your change of status so that there is documented proof that you are now in F-1 status. This is extremely important for you to do, and you may submit directly to the I-Center a photocopy of the approval letter (Notice of Action letter) and a photocopy of your I-20 which reflects your change of status (COS) notations. (You may also fax this information to (650) 725-0886.)

PROCEDURE FOR APPLYING FOR A CHANGE OF STATUS 

 H-1B to F-1

WHAT TO SEND AND WHERE TO SEND THE APPLICATION

Send the following documents / photocopies to the Service Center:

1. Original (Student Exchange Visitor Information System / SEVIS) I-20, signed by student at bottom of page (in section #11), remember to send the original SEVIS based I-20. This I-20 is issued by Graduate Admissions (and not the Bechtel International Center). Contact the Graduate Admissions Office if you have questions about your original I-20. (NOTE: If you are married, you could also include a copy of the marriage certificate. If it needs to be translated into English, you may do this yourself. You would also submit the F-2 dependent original (signed) I-20 and original I-94 card, along with photocopies of relevant passport pages.)

2. 2 photocopies of the above mentioned I-20

3. Original I-94 card (showing H-1 status). You will be issued a new I-94 card once your COS has been approved. (Please remember to make a photocopy of the H-1B I-94 card for your records.)

4. Completed I-539 form. You may go to the immigration service web site: http://www.uscis.gov/portal/site/uscis and link to "immigration forms," or you may call 1-800-870-3676 to request the form latest version of form I-539.

5. Check for *$200.00 made payable to the USCIS. You should go to the aforementioned DHS web site to always make sure that the fee has not increased. (*USCIS fees change on July 30, 2007, so any form received by USCIS on or after that date will require a higher fee of $300 for processing form I-539.)

6. Photocopies of passport pages showing visa and name, photo, birth date, expiration date of passport, etc. (of the dependent too if you have any). [Do NOT send original passport.]

7. Photocopy of the Notice of Action letter (also called form I-797A) showing H-1B status information.

8. Proof of funding (bank statements, letter from department, etc.) showing you have sufficient funds to support your studies and living expenses for an academic year. If you are using any personal funds, remember to include 4 recent bank statements. (If you get one bank statement every month, then include the bank statements for the last 4 months.)

9. SEVIS fee proof of payment. An alien in the U.S. who is seeking a change of status to F-1 must now include proof of having paid the "SEVIS fee." This link provides detailed instructions on the SEVIS fee.

10. Cover letter stating "To whom it may concern:" That you are including the aforementioned documents/ information "for consideration of my request to change status from H-1B to F-1 student status." Remember to mention your return address in this letter (the same address as on form I-539). It would also be important to re-affirm (only if it is true) that you have intentions to return to your home country after completing your degree. (The issue is that if it appears that you are just trying to stay longer in the U.S. by changing to a student visa... the immigration service may think you have "no ties" to your home country, and could deny your request for a change of status.)

11. If you have a California (or Arizona, Guam, Hawaii. Nevada) address, the aforementioned documents should be mailed to the: California Service Center, PO Box 10539, Laguna Niguel, CA 92607-0539

Remember to mail ail these documents by CERTIFIED MAIL WITH RETURN RECEIPT. Photocopy all the above documents before mailing them. The documents must be RECEIVED by the CSC BEFORE the date of resignation from the job (if you are resigning before the end date of the H) or before the end date of the H, as indicated on the I-94 card.

OTHER POINTS OF INTEREST & WARNINGS

** Some students who are pressured in obtaining F-1 status quickly because they must be in F-1 status in order to work on-campus (or receive Stanford based funding), would most likely FLY BACK HOME obtain the F-1 visa stamp in their passport, and re-enter in F-1 status. If you were to travel outside the U.S. in order to obtain the change of status, you may only re-enter up to 30 days before the reporting ("start") date on section #5 of your
I-20. However, since you are receiving a copy of this change of status handout, you have clearly expressed an intention of submitting to the immigration service your request for a change of status (COS) within the U.S.

WARNNG: If you travel out of the U.S. (for emergency reasons) prior to the change of status being approved, you may violate your legal status. This is because the immigration service has stated that if you have a petition pending and depart that you have now "abandoned the request" for COS. Please contact staff at the I-Center regarding this issue.

Although you may apply for a change of status from H to F within the U.S., the CSC will not be issuing you a "travel F-1 visa" in your passport. (Remember, a visa stamp may ONLY be obtained outside the U.S.) If you travel after your change of status has been approved, you would have to make sure you were able to obtain the
F-1 visa in your passport in order to re-enter the U.S. Ideally, you would obtain the F-1 visa in your home country.

WARNING: You need to talk to your company regarding when to end your H-1B employment. The issue is that you will also not know when the COS will be approved and so you may not continue employment after you have obtained F-1 status.

WHAT HAPPENS NEXT?

Once your application has been received by the CSC, you will get the Notice of Action letter within 2-4 weeks of having sent your application. This letter acknowledges formally that your application has been received. The Notice of Action letter will also contain the "WAC#" (formally called the Western Adjudication Center #) which is the receipt number issued by the CSC. This 10 digit number will be handwritten on your cancelled check (for processing form I-539). If for some reason you do not receive the Notice of Action letter (do not worry), you may still trace the progress of your application by getting the WAC# from your returned check. If you do not receive your checks after they have been cashed, please contact your bank so that they can give you a photocopy of the cancelled check. You may check the immigration service http://www.uscis.gov/portal/site/uscis to find more information. To check the current processing times based on Receipt Date notices dates please review: https://egov.uscis.gov/cris/jsps/ptimes.jsp Ultimately, you may also check the status of your case by reviewing the following web site: https://egov.uscis.gov/cris/jsps/index.jsp

You may also contact the immigration service / US CIS at the National Customer Service Center number 1-800-375-5283 (from 8am to 6pm, M-F), but it is easier to use the web to get more information on a pending case.

WARNING: Although you will be allowed to attend Stanford Univ. pending approval of your change of status, you may NOT work on-campus (or receive a Stanford issued Fellowship) until the change of status is complete. You may also forfeit your ability to work off-campus (after your first academic year) if your change of status is approved late.

Attorney list web site: The I-Center does not endorse any of these attorneys and is not responsible for the outcome of your case

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(H-1b to F-1 COS.doc 6/18/07)

PROCEDURE FOR APPLYING FOR A CHANGE OF STATUS 

 H-4 to F-1

WHAT TO SEND AND WHERE TO SEND THE APPLICATION

Send the following documents to the Service Center:  You will send the documents to the Service Center having jurisdiction over your address at the time of application for a change of status. A list of Service Centers can be found at:                          https://egov.uscis.gov/crisgwi/go?action=offices

1. Original I-20, signed by student on section #11, remember to send all pages to the Service Center.

2. 2 photocopies of the above-mentioned I-20.

3. Original I-94 card showing your H-4 status, and photocopy of front and back of current H-1B's I-94 card.  (Even though you will send your original I-94 card showing H-4 status... you will eventually receive a new I-94 card that will reflect your F-1 status.  The immigration service has stated in the past that they will return your old H-4 I-94 card back to you.  Ultimately, what matters is that you get an I-94 card with F-1 status marked “F-1 D/S.”)

4. Completed I-539 form. You may go to the immigration service web site: http://www.uscis.gov/portal/site/uscis and link to "immigration forms," or you may call 1-800-870-3676 to request the form latest version of form I-539.

5. Check for *$200.00 made payable to the USCIS. You should go to the aforementioned DHS web site to always make sure that the fee has not increased. (*USCIS fees change on July 30, 2007, so any form received by USCIS on or after that date will require a higher fee of $300 for processing form I-539.)

6. Photocopies of your passport pages showing visa and name, photo, birth date, expiration date of passport, etc.  (Do not photocopy empty pages).

7. Photocopies of all I-797 documents (showing H status information).  The issue here is that they are trying to determine if you have been legally in the U.S., so if the H-1B visa holder has been maintaining status, it is then assumed that the H-4 has maintained status too.

8. Proof of funding (bank statements, award letters from university, letter from department, etc.) showing you have sufficient funds to support your studies and living expenses for an academic year. If you are using any personal funds, remember to include 4 recent bank statements. (If you get one bank statement every month, then include the bank statements for the last 4 months.)

9. Photocopy of birth certificate.  You may translate this yourself!  The issue is that other than your passport (where you are mentioned as a dependent), there are not too many other places that it is clear that you are a dependent of an H-1 visa holder.  So, any additional information such as a copy of the birth certificate will help to establish the relationship you had before changing status to the student visa.

10. Cover letter stating, "To whom it may concern:" That you are including the aforementioned documents/ information "for consideration of my request to change status from H-4 to F-1 student status."  Remember to mention your return address in this letter (the same address as on form I-539).  It would also be important to re-affirm (only if it is true) that you have intentions to return to your home country after completing your degree.  (If it appears that you are just trying to stay longer in the U.S. by changing to a student visa... the immigration service may think you have "no ties" to your home country, and could deny your request for a change of status.)

WHAT HAPPENS NEXT?

Once the Service Center has received your application, you will receive the Notice of Action letter within 2-4 weeks of having sent your application.  This letter acknowledges formally that your application has been received.   The Notice of Action letter will also contain the receipt number issued by the Service Center. This 10-digit number will be handwritten on your cancelled check (for processing form I-539).  If for some reason you do not receive the Notice of Action letter (do not worry), you may still trace the progress of your application by getting the number from your returned check.  If you do not receive your checks after they have been cashed, please contact your bank so that they can give you a photocopy of the cancelled check. 

You may check the immigration service http://www.uscis.gov/portal/site/uscis to find more information. 

TTo check the current processing times based on Receipt Date notices dates please review: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Ultimately, you may also check the status of your case by reviewing the following web site: https://egov.uscis.gov/cris/jsps/index.jsp

You may also contact the immigration service / US CIS at the National Customer Service Center number 1-800-375-5283 (from 8am to 6pm, M-F), but it is easier to use the web to get more information on a pending case.

OTHER IMPORTANT INFORMATION

• Some students who need to obtain F-1 status quickly because they must be in F-1 status in order to work on-campus (or receive Stanford based funding), would be advised to consider returning home to obtain the F-1 visa stamp in their passport, and re-enter in F-1 status. If you were to travel outside the U.S. in order to obtain the change of status, you may only re-enter up to 30 days before the reporting (“start”) date on section #5 of your I-20. 

•  If you travel out of the U.S. (for emergency reasons) prior to the change of status being approved (and after your H-4 status has expired), you will violate your legal status.  This is because the immigration service has stated that if you have a petition pending and depart that you have now "abandoned the request" for Change of Status.  Please contact your attorney or possibly staff at the I-Center regarding this issue.

• Although you may apply for a change of status from H to F within the U.S., the Service Center will not be issuing you a “travel F-1 visa” in your passport.  (A visa stamp may ONLY be obtained outside the U.S.)  If you travel after your change of status has been approved, you would have to make sure you were able to obtain the F-1 visa in your passport in order to re-enter the U.S.   Ideally, you would obtain the F-1 visa in your home country.

• Although you will be allowed to attend Stanford University,  pending approval of your change of status, you may NOT work on-campus (or receive a Stanford issued Fellowship or Scholarship) until the change of status is complete.

• The Bechtel International Center has no means to expedite change of status requests with Service Centers.

• If your family has an immigration attorney we strongly recommend you discuss with them your change of status from H-4 to F-1.

• Attorney list web site:  This list is compiled as a courtesy and is not intended to be a comprehensive inventory of attorneys practicing immigration law in California. The I-Center does not endorse any of these attorneys and is not responsible for the outcome of your case.

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PROCEDURE FOR APPLYING FOR A CHANGE OF STATUS 

 F-2 to F-1

WHAT TO SEND AND WHERE TO SEND THE APPLICATION

Send the following documents / photocopies to the Service Center:

1) Original (Student Exchange Visitor Information System / SEVIS) I-20, signed by student at bottom of page (in section #11), remember to send the original SEVIS based I-20.  This I-20 is issued by Graduate Admissions (and not the Bechtel International Center).  Contact the Graduate Admissions Office if you have questions about your original I-20.   (NOTE:  If you are a spouse, you should also include a copy of the marriage certificate to clarify your previous F-2 status. If the certificate needs to be translated into English, you may do this yourself.)

2) 2 photocopies of the above mentioned I-20

3) Original I-94 card (showing F-2 status).  You will be issued a new I-94 card once your COS has been approved.  (Please remember to make a photocopy of the F-2 I-94 card for your records.) You should also submit a photocopy  (front and back) of the I-94 card.

4) Completed I-539 form. You may download the form at: http://uscis.gov/graphics/formsfee/index.htm or you may call 1-800-870-3676 to request the form.

5) Check for *$200.00 made payable to the USCIS. You should go to the aforementioned DHS web site to always make sure that the fee has not increased. (*USCIS fees change on July 30, 2007, so any form filed on or after that date will require a higher fee of $300 for processing form I-539.)

6) Photocopies of passport pages showing F-2 visa, name, photo, birth date, expiration date of passport.  [Do NOT send original passport.]

7) Photocopies of spouse's F-1 I-20(s) and photocopy (front and back) of I-94 card  to show the immigration service that legal F-1 status has been maintained by principal visa holder.

8) Proof of funding (bank statements, letter from department, etc.) showing you have sufficient funds to support your studies and living expenses for an academic year. If you are using any personal funds, remember to include 4 recent bank statements. (If you get one bank statement every month, then include the bank statements for the last 4 months.)

9.)  SEVIS fee proof of  payment.   An alien in the U.S. who is seeking a change of status to F-1 must now include proof of having paid the "SEVIS fee."  For detailed instructions on the SEVIS fee, please review the I-Center's web page.

10) Cover letter stating "To whom it may concern:" That you are including the aforementioned documents/ information "for consideration of my request to change status from F-2 to F-1 student status."  Remember to mention your return address in this letter (the same address as on form I-539).  It would also be important to re-affirm (only if it is true) that you (and your spouse) have intentions to return to your home country after completing your degrees.  (The issue is that if it appears that you are just trying to stay longer in the U.S. by changing to a student visa... the immigration service may think you have "no ties" to your home country, and could deny your request for a change of status.)

11.) If you have a California (or Arizona, Guam, Hawaii. Nevada) address, the aforementioned documents should be mailed to the:  California Service Center, PO Box 10539, Laguna Niguel, CA 92607-0539

Remember to mail ail these documents by CERTIFIED MAIL WITH RETURN RECEIPT.  Photocopy all the above documents before mailing them. The documents must be received by the CSC early enough for the change of status to be approved prior to the quarter you are scheduled to begin your studies.  As you know, F-2 visa holders may not attend school until F-1 status has been approved.

OTHER POINTS OF INTEREST & WARNINGS

** Some students who are pressured in obtaining F-1 status quickly because they must be in F-1 status in order to work on-campus (or receive Stanford based funding), would most likely FLY BACK HOME obtain the F-1 visa stamp in their passport, and re-enter in F-1 status. If you were to travel outside the U.S. in order to obtain the change of status, you may only re-enter up to 30 days before the reporting ("start") date on section #5 of your

I-20.  However, since you are receiving a copy of this change of status handout, you have clearly expressed an intention of submitting to the immigration service your request for a change of status (COS) within the U.S.

WARNNG: In certain circumstances (where the original F-1 is no longer in the U.S. or has changed status), and if you traveled out of the U.S. (for emergency reasons) prior to the change of status being approved, you may violate your legal status.  This is because the immigration service has stated that if you have a petition pending and depart that you have now "abandoned the request" for COS.  Please contact staff at the I-Center regarding this issue.

 Although you may apply for a change of status from F-2 to F-1 within the U.S., the CSC will not be issuing you a "travel F-1 visa" in your passport.  (Remember, a visa stamp may ONLY be obtained outside the U.S.)  If you travel after your change of status has been approved, you would have to make sure you were able to obtain the F-1 visa in your passport in order to re-enter the U.S.   Ideally, you would obtain the F-1 visa in your home country.

Once your application has been received by the CSC, you will get the Notice of Action letter within 2-4 weeks of having sent your application.  This letter acknowledges formally that your application has been received.   The Notice of Action letter will also contain the "WAC#" (formally called the Western Adjudication Center #) which is the receipt number issued by the CSC. This 10 digit number will be handwritten on your cancelled check (for processing form I-539).  If for some reason you do not receive the Notice of Action letter (do not worry), you may still trace the progress of your application by getting the WAC# from your returned check.  If you do not receive your checks after they have been cashed, please contact your bank so that they can give you a photocopy of the cancelled check.  You may check the immigration service http://www.uscis.gov/portal/site/uscis to find more information. 

To check the current processing times based on Receipt Date notices dates please review: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Ultimately, you may also check the status of your case by reviewing the following web site: https://egov.uscis.gov/cris/jsps/index.jsp

 You may also contact the immigration service / US CIS at the National Customer Service Center number 1-800-375-5283 (from 8am to 6pm, M-F), but it is easier to use the web to get more information on a pending case.

WARNING:  You will not be allowed to attend Stanford Univ. pending approval of your change of status, you may NOT work on-campus (or receive a Stanford issued Fellowship) until the change of status is complete.

Attorney list web site: The I-Center does not endorse any of these attorneys and is not responsible for the outcome of your case

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