Change of Status
Before Applying for a Change of Status:
- General Guidance on the I-539 Process: The following is only general guidance on the I-539 process. It is not nor should it replace legal advice.
- Consulting USCIS for Specific Information: Be sure to also visit USCIS for specific information regarding eligibility and the application process.
- Recommendation to Consult an Immigration Attorney: If you decide you will still apply for a change of status with USCIS, ISSS recommends you consult an immigration attorney.
Important considerations before applying for a Change of Status
- Lengthy Processing Time: The processing time for a change of status can be quite lengthy and is not recommended in most cases. This long delay could affect the result of your request and delay your academic studies.
- Program Start Date on I-20/DS-2019: For that reason, your I-20/DS-2019 will have a program start date that is at least 45 days in the future or the next available session date.
- Maintaining Underlying Status: You must maintain your underlying status in order for your change of status to be approved.
- Timing of Application Submission: Your application should not be submitted earlier than 90 days from your last entry or any other status related change.
- Travel Restrictions While Application is Pending: You should not leave the US while the change of status application is pending with USCIS.
- This will cause an abandonment of the application.
- Your SEVIS record may no longer be valid upon departure
- Studying While Change of Status is Pending: Your current immigration status will determine if you can begin studying while the change of status is pending or if you must wait for approval.
Important considerations if you do apply for a Change of Status
- If the request for change of status to F-1 or J-1 has not been approved by the program start date on the I-20/DS-2019, you should notify ISSS.
- ISSS may need to defer your program start date in SEVIS to avoid the termination of your SEVIS record.
- Until your application is approved, you must provide monthly updates to ISSS on your application status to avoid any issues with your immigration status.
- Upon receipt of Form I-797 Notice of Approval to F-1 or J-1 status, immediately check-in with ISSS.
- Restrictions on Employment Before Approval: Students may not begin an assistantship, or engage in on-campus employment of any kind until the change of status has been approved.
- Applying for a US Entry Visa After Approval: Even with an approved change of status, most students will need to apply for a US entry visa for their new status during their next trip abroad. (Citizens of Canada & Bermuda are exempt.)
- Responding to a Request for Evidence (RFE): Applicants who receive a Request for Evidence (RFE) from USCIS should update ISSS and consult with an immigration attorney before responding.
- Handling Denial or Delayed Adjudication: If your application is denied or is not adjudicated before the expiration date on their current I-94, students should update ISSS and consult with a qualified immigration attorney.
- Important Note on Form I-797 Notice of Approval: On Form I-797 Notice of Approval, pay special attention to the “Valid from” date as the date indicates when your new status (F-1 or J-1) takes effect.
- From this date on, you should stop your previous status related activities (e.g. H-1B employment).
Recommended Documents
Below are recommended documents to include with your application to USCIS. Visit USCIS for official instruction.
- Cover Letter: Request the change of status, explain the circumstances of why you entered the US in your current immigration status and why your goals/intentions changed after arriving in the US.
- Demonstrating Non-Immigrant Intent: Those requesting F or J non-immigrant status must show they do not intend to immigrate to the United States. Including evidence such as a demonstration of ties to your home country is recommended.
- Form I-539 and related fees
Copies of
- SEVIS Fee Payment Confirmation
- Form I-20 or DS-2019 issued by Penn: Be sure form I-20(s) or DS-2019(s) are signed.
- Passport Identification Page & US Entry Visa: Include page showing the passport expiration date if separate from the identity page. Canadian and Bermudian citizens are not required to have a US Entry Visa.
- I-94 printout and entry/admission stamp in passport. If issued paper I-94, include copy of the front and back of I-94 card.
- Financial documentation used to obtain the I-20/DS-2019 from Penn
- Individuals currently holding dependent status: copies of the primary’s passport, I-94, and proof of status.
- Additional documents may be needed depending on your current immigration status.
- Students who have been offered assistantships or fellowships: include a brightly-colored cover sheet stating “Please Expedite: assistantship pending.” USCIS may, as a courtesy, expedite the application.
Mailing your Application
- For the mailing address and instructions, refer to USCIS website
- We advise that you send your completed application by Certified Mail, Return Receipt Requested or by express mail with tracking and to keep a copy for your records.