Need to Change Your Immigration Status? Let Our Attorneys Guide You
Abdallah Immigration provides experienced legal support to help you navigate the Change of Status process with confidence and compliance

Changing your immigration status—also known as a Change of Status (COS)—is the process of switching from one nonimmigrant visa category to another while remaining in the U.S. This process can be complex, and timing is critical, as you must apply before your current status expires.

At Abdallah Immigration, we understand how important this transition is for your future. Our experienced attorneys are here to provide trusted legal guidance and personalized support every step of the way.

Understanding the Change of Status Process

USCIS permits certain individuals to change their nonimmigrant status without leaving the U.S., provided they meet eligibility criteria and file the proper application on time.

  • Applications must be submitted before your current status expires

  • The process typically involves submitting Form I-539 or I-129, depending on the visa type

  • Processing times can vary, making early preparation essential

Eligibility Requirements for a Change of Status

To qualify for a Change of Status, you must:

  • Be lawfully present in the U.S. on a valid nonimmigrant visa

  • Intend to switch to a status that aligns with your new purpose of stay

You May Not be Eligible if You:

  • Entered the U.S. under the Visa Waiver Program (VWP)

  • Have violated the terms of your current visa

  • Engaged in unauthorized activities under your current status

  • Are subject to specific restrictions, such as the two-year home residency requirement for some J-1 visa holders

Common Types of Change of Status Requests

  • Changing from B-1/B-2 (Visitor) to F-1 (Student)
     Individuals who enter the U.S. on a visitor visa and later decide to pursue academic study must file Form I-539 to request a change to F-1 status. Approval must be obtained before enrolling in classes. Strong evidence of a legitimate change in intent and sufficient financial support is required. Timing is critical, as COS processing can take several months

  • Changing from F-1 (Student) to H-1B (Skilled Worker)
     F-1 students with a qualifying U.S. job offer can change to H-1B status through employer sponsorship. If eligible, cap-gap protection may extend F-1 status while awaiting H-1B approval

  • Changing from J-1 (Exchange Visitor) to H-1B or F-1 (Student)
     J-1 holders must confirm whether they are subject to the two-year home residency requirement (INA 212(e)). If so, a waiver is needed before filing for COS. Those not subject to the rule can proceed with a standard application

  • Changing from F-2 (Dependent) to F-1 (Student)
     F-2 dependents must apply for F-1 status before engaging in full-time study. A new Form I-20 and proof of financial support are required. The applicant must wait for approval before starting the academic program

  • Changing from H-4 (Dependent) to H-1B (Worker)
     H-4 dependents who find qualifying employment may change to H-1B status through employer sponsorship. Applications are subject to cap limits unless the employer qualifies for an exemption

  • Changing from L-2 (Dependent) to H-1B (Worker)
     L-2 visa holders may change to H-1B through employer sponsorship. Timing is important due to H-1B cap deadlines and ensuring continuous lawful status

  • Changing from H-1B to F-1 (Student)
     An H-1B worker wishing to pursue further education may change to F-1 status. The applicant must show nonimmigrant intent and provide evidence of academic admission and financial capability

  • Changing from F-1 to H-4 or L-2 (Dependent)
     F-1 visa holders who marry an H-1B or L-1 visa holder may apply to change to a dependent category. This is common for spouses looking to stay in the U.S. without engaging in full-time study

  • Changing from H-1B to H-4 (Spouse of H-1B)
     An H-1B worker may change to H-4 status if their spouse maintains valid H-1B status. This option is often used when leaving employment but remaining in the U.S. as a dependent

  1. Changing from O-1 to H-1B
     O-1 visa holders can change to H-1B if they secure an eligible employer sponsor. The change must be carefully timed to align with H-1B cap seasons, if applicable

How Can Our Immigration Attorneys Support Your COS Case?

Our team provides comprehensive legal support throughout the Change of Status process:

  • Assess your eligibility based on your current visa and future goals

  • Prepare and file all necessary USCIS forms and supporting documents

  • Work closely with individuals and sponsoring employers

  • Track your case and provide regular updates

  • Respond to USCIS Requests for Evidence (RFEs) or other procedural issues

 FAQs

  • The ideal visa category depends on your specific goals—whether it’s employment, education, family, or another purpose. Our immigration attorneys will assess your current status and objectives to help identify the most appropriate and strategic visa path for your situation.

  • Not always. Many individuals can change their status while remaining in the U.S., provided they meet USCIS eligibility requirements and apply on time. In some situations, it may be necessary or recommended to depart the U.S. and apply for a new visa at a U.S. consulate abroad.

  • In most cases, you may remain in the U.S. while your application is pending, as long as you submitted your request before your current status expires. However, you cannot begin any activities allowed under the new visa category—such as working or studying—until your new status is officially approved.

  • If your application is denied, you may be required to leave the U.S. immediately, depending on your status and the circumstances of the denial. You may have options to reapply, appeal, or file a motion to reopen or reconsider. Our attorneys can advise you on the best path forward based on your situation.

  • No, you cannot begin employment under the new visa category until your application is approved and you receive authorization from USCIS. Working without proper authorization can negatively impact your immigration case.

Considering a Change of Status?

Work with experienced immigration attorneys to ensure your application is accurate, timely, and compliant.