Office of International Services

Change of Status (COS)

COS

Persons who have entered or are currently in the United States and are maintaining valid status may request a change of their current status without having to leave the U.S. by submitting a petition or application to USCIS.  Persons who wish to obtain Permanent Resident status without exiting the United States may request an Adjustment of Status.

 

 

The following nonimmigrants are NOT permitted to change status in the United States:

  • M-1 students who wish to change to F-1 status

  • C, D, K, and S nonimmigrants

  • J-1 physicians admitted to receive graduate medical education or training (Alien Physicians)

  • J nonimmigrants subject to the 212(e) 2-year foreign residence requirement

  • WT and WB visitors admitted under the Visa Waiver Program

Persons already in the U.S. should be careful to continue to maintain their current status until their petition/application is approved and ensure that their current period of admission will remain valid until the requested start date is reached. Once a Form I-539 or Form I-129 requesting a Change of Status is filed, leaving the U.S. will be considered an abandonment of the petition, and it will be automatically denied. Find more information about international travel click here.

212(e) Home Residency Requirement and COS/AOS Eligibility

Persons who are subject to the 212(e) Home Residency Requirement from a previous or current J Exchange Visitor program are NOT eligible to apply for a change of status, unless they are requesting a change to A or G status.

Persons subject to 212(e) who wish to obtain a status OTHER than H-1B (F-1, F-2, TN, O-1, E-3) may exit the U.S., obtain the appropriate entry visa abroad (if required) and apply for a new status upon re-entry. In order to apply for a change of status the requirement must be fulfilled or a waiver of the requirement must be obtained.

Persons who are seeking to change status to H-1B who are subject to 212(e) due to a current or previous J Exchange Visitor program are NOT eligible for a Change of Status to H1B NOR are they eligible to obtain an H1B visa from a U.S. consulate and re-enter in H1B status. Those subject to 212(e) who wish to obtain H-1B status must fulfill the requirement or obtain a waiver of the requirement. If you are unsure if you are subject to 212(e), you may use International Service's 212(e) guide to aid in a determination and/or you may request an advisory opinion.

Note : Current USCIS policy prohibits J-2 dependents of J-1 Alien Physicians with an approved Conrad 30 waiver and H1B status/petition from changing their status within the U.S. to any status other than H-4 until the J-1's Conrad 30 3-year waiver obligation has been met. The J-2 dependent may still obtain a status other than H-4 by exiting the U.S., obtaining the appropriate entry visa (if applicable) through consular processing and re-entry. 

Persons who are seeking to adjust their status to that of Permanent Resident who are subject to 212(e) from a current or previous J Exchange Visitor Program are NOT eligible to apply for an adjustment (Form I-485) until they fulfill the requirement or obtain a waiver of the requirement. A Form I-140 may be filed and approved even if the applicant/petitioner is subject to 212(e). More on LSUHSC New Orleans sponsorship for Permanent Residency

 

DO NOT SEND ORIGINAL DOCUMENTS TO USCIS, SEND COPIES OF ALL REQUIRED DOCUMENTS, AND RETAIN ORIGINALS. USCIS DOES NOT RETURN ANY DOCUMENTATION SUBMITTED WITH AN APPLICATION.

 

The most common Change of Status (COS) requests made by LSUHSC-New Orleans students, exchange visitors and employees are:

*Dependent children must be under 21

What you will need:

A completed and signed Form I-539 with the following (for Principal F-1 and any F-2 Dependents):

  • An I-20 issued by the current/prospective SEVP authorized institution for each applicant

  • Copy of the I-901 Receipt for payment of the SEVIS fee by the F-1 principal applicant

  • Evidence of current immigration status for all applicants, including dependent F-2 (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of Financial Resources/Support (can be the same used to obtain the I-20)

  • Proper Filing Fee. Only one fee is required regardless of number of applicants included. 

  • Statement from the Principal applicant explaining the basis for the requested change.

  • Evidence of appropriate relationship between Principal and dependent applicants.

See information on F-1 Students here and F-2 dependents here.

*Dependent children must be under 21

What you will need:

A completed and signed Form I-539 with the following (for Principal J-1 and any J-2 Dependents):

  • A DS-2019 issued by the current/prospective SEVP authorized program sponsor for each applicant

  • Copy of the I-901 Receipt for payment of the SEVIS fee by the J-1 principal

  • Evidence of current immigration status for all applicants, including dependent J-2 (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of Financial Resources/Support (can be the same used to obtain the DS-2019)

  • Proper Filing Fee. Only one fee is required regardless of number of applicants included. 

  • Statement from the Principal applicant explaining the basis for the requested change.

  • Evidence of appropriate relationship between Principal and dependent applicants (spouse and children under 21 ONLY).

See information on J-1 Exchange Visitor Students and Scholars and J-2 Dependents here.

What you will need:

A completed and signed Form I-129 from the Petitioning Employer (LSUHSC) with the following:

  • Evidence of current immigration status for beneficiary (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of offer of employment  in specialty occupation from petitioning employer

  • Proper Filing Fee(s) from hiring department ($460 Petition Fee, $500 Fraud Fee, $2805 Premium Processing fee, if desired/applicable)

  • Evidence that the beneficiary is qualified for the proposed employment (CV, degree, transcripts, equivalency evaluation, license)

See more about H1B status here.

*Dependent children must be under 21

What you will need:

A completed and signed Form I-539 with the following:

  • Evidence of current immigration status for all applicants (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of Financial Resources/Support (can be proposed salary of H-1B beneficiary)

  • Proper Filing Fee. Only one fee is required regardless of number of applicants included. 

  • Evidence of appropriate relationship between Principal and dependent applicants (spouse and children under 21 ONLY).

  • The form I-539 should be filed with the Form I-129 of the H-1B beneficiary, if possible, to ensure correct adjudication.

See more about H-4 Dependents here.

Available only for Canadian and Mexican nationals

What you will need:

A completed and signed Form I-129 from the Petitioning Employer (LSUHSC) with the following:

  • Evidence of current immigration status for beneficiary (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of offer of employment in USMCA approved occupation from petitioning employer

  • Proper Filing Fee(s) ($460 Petition Fee, $2805 Premium Processing fee, if desired/applicable)

  • Evidence that the beneficiary is qualified for the proposed employment (CV, degree, transcripts, equivalency evaluation, license)

See more about TN Status here.

*Dependent Children must be under 21

What you will need:

A completed and signed Form I-539 with the following:

  • Evidence of current immigration status for all applicants (I-94, DS-2019, I-797, passport, visa, etc.)

  • Evidence of Financial Resources/Support (can be proposed salary of TN beneficiary)

  • Proper Filing Fee. Only one fee is required regardless of number of applicants included. 

  • Evidence of appropriate relationship between Principal and dependent applicants (spouse and children under 21 ONLY).

  • The form I-539 should be filed with the Form I-129 of the TN beneficiary, if possible, to ensure correct adjudication.

See more about TD Dependents here.

 

 

 

 

 

Disclaimer: The content on these pages is designed for use by LSUHSC-New Orleans sponsored students, exchange visitors and employees. It is not intended to constitute legal advice and is not a substitute for legal counsel.