Here’s What the Law Allows
Navigating the U.S. immigration system can be complex, especially when your circumstances change after you arrive. Many visitors, students, or temporary workers eventually ask the same question: Can I change my visa status without leaving the country?
The short answer is: Yes, in many cases you can. The process is known as a Change of Status (COS), and it allows you to transition from one non-immigrant visa category to another—provided you meet the eligibility requirements and follow the proper procedures. At William Velie Attorney at Law PLLC, we help clients across the country manage these transitions smoothly and legally.
This article explains how visa status changes work, what the most common transitions are, and when it may be necessary to consult an attorney.
What Is a Change of Status?
A Change of Status allows non-citizens already in the U.S. to switch from one temporary (non-immigrant) visa classification to another without returning to their home country. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and is available to many, though not all, non-immigrants.
You must apply for the change before your current visa expires, and you cannot begin activities under your new status (such as working or studying) until USCIS approves the request.
Common Visa Status Changes
Here are some of the most frequent status changes our firm sees:
- F-1 Student to H-1B Work Visa
This is one of the most common transitions for international students graduating from U.S. universities and accepting job offers from employers willing to sponsor them. - B-1/B-2 Visitor to F-1 Student
Individuals who enter the U.S. on a tourist visa and later decide to pursue academic studies may request a change to student status—though this must be done carefully and well before their authorized stay ends. - J-1 Exchange Visitor to H-1B or Other Work Visas
Some exchange visitors in academic or training programs may seek to switch to work-based visas, especially if they find long-term employment opportunities. In some cases, a J-1 waiver may be required before changing status. - L-1 Intracompany Transfer to Permanent Residency (Green Card)
While technically a change from non-immigrant to immigrant status, this type of transition is often part of a long-term immigration strategy.
Eligibility Requirements
Not everyone is eligible to change their visa status. You must:
- Be lawfully present in the United States at the time of application.
- Submit your COS application before your current status expires.
- Have not violated the terms of your current visa (for example, by working on a tourist visa).
- Intend to comply with the terms of your new visa status once approved.
Some categories, like certain C, D, K, and S visas, are not eligible for change of status. Others, such as those under the Visa Waiver Program (ESTA), also generally do not allow for COS.
What Happens After You Apply?
After submitting Form I‑539 (for individuals) or Form I‑129 (for employer-sponsored changes), USCIS will review your application. Processing times can vary significantly depending on the visa category, documentation, and USCIS workload.
While your COS application is pending, you must not engage in activities allowed under your new status until official approval. For example, you cannot begin a new job while waiting for your change to H‑1B unless you are already on valid work authorization.
When to Contact a Lawyer
Changing your visa status is not always straightforward. Errors in timing, incomplete applications, or misunderstanding your eligibility can result in serious consequences—including falling out of status or being required to leave the U.S.
At William Velie Attorney at Law PLLC, we have over 30 years of experience guiding clients through complex immigration processes. Whether you are a student transitioning to employment or a visitor seeking to stay longer through a legal path, we ensure your petition is accurate, timely, and aligned with current immigration law.
If you’re considering changing your visa status, do not wait until the last minute.
Reach out to our office for a consultation and let us help you make the transition safely and legally.
