Change in Status
In order to be eligible for a change of status, applicants must already be in a lawful nonimmigrant status in the US. Those outside the US (and who therefore have no current nonimmigrant status), who are unlawfully present in the US (e.g., those who overstayed their lawful period of stay or violated their previous status), or are otherwise not eligible to change status (most commonly those on a visa waiver or those who are subject to the 2 year home residency requirement) must physically leave the US (along with their dependent family members in a derivative status), apply for a new visa at a US embassy overseas, and be re-inspected to the US in order to obtain the new status.
Those who are in a lawful status and wish to apply for a change of status without leaving the US – and meet all eligibility requirements – may apply to the USCIS for a change of status and remain in the US while the application is pending (typically 2 to 5 months). The most frequent change of status applications that OIS assists with involve those changing from H-1, H-4, F-2, or E-2 to F-1. Sometimes those in F-1 status will request a change to F-2 if they no longer wish to study and if the spouse is in F-1 status. Employees changing to H-1B, TN, or O-1 must speak with a representative of the International Employment Office at NC State. Those in J-1 or J-2 status who wish to change their status should consult with an OIS advisor. OIS does not support changes to the J-1 visa category or assist with immigration advice regarding permanent residency or employment visa questions.
A change of status application and supporting documentation is processed at the regional USCIS Service Center (based on the US physical residence of the applicant). An immigration attorney is generally not necessary for a simple change of status application, but is strongly recommended in difficult cases or if follow-up or representation is likely.
NC State students and applicants who wish to apply for a change of status should review the change of status procedures and submit the necessary materials to OIS through the OIS Helpdesk system. An OIS advisor will review the materials, schedule an appointment to provide further advice and complete the paperwork, and provide further instructions.
Students and scholars who change their nonimmigrant status (to H-1B, pending permanent resident with use of advanced parole or an EAD, dependent status, etc.,) must inform OIS immediately so we can close out the relevant SEVIS record. Students and scholars can simply submit a ticket through the online OIS HelpDesk system and attach supporting documentation (e.g., I-797 Approval, EAD, new I-94, etc). OIS will close out the SEVIS record and update the University records. No appointment with an advisor is necessary unless the student or scholar has questions and needs further advice.
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