Fillable Change of Nonimmigrant Status to F-1 (San Jose State University)

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Change of Nonimmigrant Status to F-1 (San Jose State University)

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Email: international-office@sjsu.edu Oct. 2020
Disclaimer: Any advice provided to you by ISSS staff and any information on our website, forms, etc. should not be construed as legal advice. Due
to the fluid nature of governmental interpretation, immigration laws, regulations, and eligibility requirements for benefits may change at any
time. It is your responsibility to seek professional legal advice if you have case specific concerns.
Change of Nonimmigrant Status to F-1
Your nonimmigrant status must match your purpose while in the U.S. A change of status to F-1 student status may be
necessary if your intention is to engage in full-time studies.
The change of status process can be complex. ISSS advises students who want to change to F-1 status. If you
are planning to change to a category other than F-1, you will need to consult with an immigration attorney.
The timing of a change of status is critical and must be done in advance to avoid complications during the transition. It is
important that y
ou meet with an advisor as soon as possible to discuss the appropriate process and timeline.
In general there are two ways to change your nonimmigrant status. Please see the attached comparison chart.
1. By travel-consular processing. Depart the U.S. apply for F-1 visa at a U.S. consulate or embassy, re-enter the U.S.
in F-1 status. OR
2. Remain in U.S. Request a change of status by filing Form I-539 application with U.S. Citizenship and Immigration
Service (USCIS).
Application Steps
Step 1
View the COS to F-1 Tutorial before you submit any paperwork to ISSS. If you have any questions regarding the
proeess, then you should schedule an appointment with an International Student Advisor.
Step 2
Complete ISSS’ Change of Status to F-1 I-20 request form and Declaration of Finance form, then submit the
following documents to ISSS via email at international-office@sjsu.edu Allow at least 15 business days for
processing. You will be contacted by email when your I-20 is ready.
• Financial documentation (i.e. bank letter or statement, in English, and account balance in U.S. dollars).
• Immigration documents (copy of passport, current visa, and I-94 record of arrival)
• If you have already started your program as a continuing student provide a letter from your academic advisor
indicating your expected graduation or degree completion date. This will determine your I-20 program end date.
Step 3
After you have chosen an option (travel-consular processing or apply for COS within the U.S) prepare or gather
your remaining paperwork, see the appropriate checklist for guidance.
Step 4
Notify ISSS of following:
• F-1 Status gained through Consular Processing: Submit copy of your passport, F-1 visa, and I-94 record of arrival
along with the ISSS Check-in form. ISSS needs these documents to complete your SEVIS registration.
• If a Change of status to F-1 is granted by USCIS: Submit copy of the Form I-797A Notice of Action or approval notice
with a completed ISSS Check-in form. ISSS needs these documents to complete your SEVIS registration.
• If you decide not to pursue F-1 status and remain in your current status.
Email: international-office@sjsu.edu Oct. 2020
Disclaimer: Any advice provided to you by ISSS staff and any information on our website, forms, etc. should not be construed as legal advice. Due
to the fluid nature of governmental interpretation, immigration laws, regulations, and eligibility requirements for benefits may change at any
time. It is your responsibility to seek professional legal advice if you have case specific concerns.
Comparison Chart
Change by Travel-Consular Processing Change of Status (COS) w/USCIS
Cost
• Plane ticket to return to home country
• I-901 SEVIS fee
• Visa application fee
• Form I-539 application fee
• Biometric Services fee for each applicant
(including spouse or children)
• I-901 SEVIS fee
Processing
Time
• Length of time to obtain a visa varies
depending on U.S. embassy/consulate post.
If flagged for security or background check,
the review process may be delayed further.
• You are allowed to enter the U.S. up to 30
days prior to the program start date listed
on the I-20.
• Overall faster process to obtain F-1 status
compared to the change of status
application process with USCIS.
• USCIS processing time for a change of status cases
can vary, from 4 to 6 months or more. Go to USCIS
Check Processing Time.
• Factor in scheduled time for biometrics at a local
ACS center.
• This process does not lead to a new visa stamp in
your passport. A visa can only be granted by a U.S.
consulate or embassy abroad.
• While the COS application is pending you cannot
leave the U.S. If you leave the U.S., then USCIS
considers you to have abandoned the
application, consequently deny your COS.
• If your application is not approved within 30 days
of the program start date listed on your original
COS I-20, ISSS will defer the program start date to
the following semester. A new financial document
may be required.
Other
Concerns
• It is recommended that you apply for the F-1
visa in your home country. It may be difficult
to obtain a visa in Canada or Mexico, if you
are not a citizen or legal resident of these
countries.
• Due to the long processing times, a COS
application is not recommended for students
needing F-1 status to study full-time.
• COS process is not recommended if your current
nonimmigrant status will expire before COS
decision. You need to maintain valid status all the
way up to the date that is within 30 days before
the program
start date (“bridge the gap”).
•
F-1 employment (CPT or OPT) cannot be granted/
recommended until the COS to F-1 is approved.
*See COS tutorial for eligibility requirements.
• Study or Employment in F-2 status. F-2 dependents
cannot enroll full-time until COS to F-1 is approved.
Enrolling full-time in F-2 status is a violation of your
F-2 status. F-2 dependents may not engage in
employment until
COS to F-1 is approved.
• Study or Employment in B-1/B-2 status. Visitors in
B-1/B-2 cannot begin full-time studies or work until
a change of F-1 is granted by USCIS.
Email: international-office@sjsu.edu
Oct.2020
Disclaimer: Any advice provided to you by ISSS staff and any information on our website, forms, etc. should not be construed as legal advice.
Due to the fluid nature of governmental interpretation, immigration
laws, regulations, and eligibility requirements for benefits may change
at any time. It is your responsibility to
seek professional legal advice if you have case specific concerns.
Change of Nonimmigrant Status to F-1: I-20 Request Form
Section A. Student Information. Enter all information as it appears in the passport.
Family/Last Name(s):
Given/First Name(s):
Date of Birth (mm/dd/yyyy):
Gender: Male Female
City of Birth: Country of Birth:
Country of Citizenship:
SJSU ID#:
U.S. Telephone #:
I-20 request reason. Select one option:
Travel/Consular Processing
Date I plan to leave the U.S. (mm/dd/yyyy):
Apply for Change of Status with USCIS
Requested program start date on I-20:
Fall Spring Year: _________
U.S. Residential Address
(required)
Street Number and Name:
City:
State:
Postal Code:
Foreign Address
(required)
Street Number and Name:
City:
State/Province (if any):
Postal Code (if any):
Country:
Section B. Dependent Information for F-2 status (if applicable)
Family Name
Given Name
Date of Birth
Country of
Birth
Country of
Citizenship
Relationship
(e.g. spouse, child)
Section C. ISSS Staff only
Date form is received:
ISA Status Verification
⬜ Admission status (if new student)
⬜ Degree and Program information verification
⬜ Expected Graduation Term: _____________
⬜ Enrollment Status (if enrolled)
⬜ Financial requirement
⬜
Regular Program ⬜ Special Program: _____________
Required Documents
⬜ Declaration of Finance form
⬜ Financial Documentation
⬜ Immigration Documents (passport, visa, I-94 record)
⬜ Currently enrolled student: letter from academic advisor
w/ expected degree completion date
Advisor’s Name:
Approval Date:
Current Nonimmigrant Status: (e.g. F2, H4, L2
CLEAR
Email: international-office@sjsu.edu Oct 2020
Disclaimer: Any advice provided to you by ISSS staff and any information on our website, forms, etc. should not be construed as legal advice. Due
to the fluid nature of governmental interpretation, immigration laws, regulations, and eligibility requirements for benefits may change at any
time. It is your responsibility to seek professional legal advice if you have case specific concerns.
Checklist for Travel-Consular Processing Option
1. Gather all documentation for the visa application
Below are suggestions. Each U.S. consulate or embassy has different requirements to be presented during an in-person
interview. Check the specific website of the consulate/embassy for which you will use to apply for your visa. It is
recommended that you have all documentation ready even if the consulate official does not ask for them.
• Original SJSU Form I-20 signed and dated by you and issued for Initial Attendance
• SEVIS I-901 Fee receipt (Pay $350 and print out online receipt)
• SJSU Admission Letter
• SJSU official transcript (if already attending classes)
• Proof of current course registration (if enrolled)
• Your original passport
• Proof of financial support (same financial documents submitted to ISSS; you may be asked to provide additional
financial documentation)
• Proof of ties to your home country (proof of land or property ownership, by your or your parents
2. Apply for your visa application and interview
• Complete the DS-160 Online Nonimmigrant Visa Application
• Print and keep the DS-160 barcode (confirmation) page.
• Follow the U.S. consulate or embassy’s instructions to schedule a visa interview, paying the visa application
processing fee
• Check the U.S. consulate or embassy’s website, if additional documentation is required
• Attend your visa interview
3. Enter the U.S. with your new F-1 visa and SEVIS I-20.
You are allowed to enter the U.S. up to 30 days prior to the program start date listed on the I-20.
4. Report your new F-1 status
to ISSS before the program start date.
Submit a copy of your passport, F-1 visa, and electronic I-94 record of arrival, along with a completed ISSS Check-in
form. If you are a new SJSU student, attend ISSS mandatory check-in/orientation. Inform ISSS if your F-1 visa is denied
and you’ve re-entered the U.S. with your previous visa status.
Email: international-office@sjsu.edu Oct. 2020
Disclaimer: Any advice provided to you by ISSS staff and any information on our website, forms, etc. should not be construed as legal advice. Due
to the fluid nature of governmental interpretation, immigration laws, regulations, and eligibility requirements for benefits may change at any
time. It is your responsibility to seek professional legal advice if you have case specific concerns.
Checklist for Change of Status Option
1. Gather all documentation for the COS application
Below are suggestions. USCIS will determine if you are eligible for a change of status based on the review of your
application materials. ISSS advisor cannot review or complete Form I-539 on your behalf. This is your personal
application. USCIS processing time is unpredictable, often takes 4 to 6 months to be adjudicated. Contact our office,
request to meet with an advisor if you have specific questions.
A. Complete and signed Form I-539 Application to Extend/Change Nonimmigrant Status. Make sure you are
using the most current version of the form (02/04/19 edition); also review the Form I-539 instructions.
• If applying with dependents, include Form I-539A Supplemental Information, signed by each
dependent. Each dependent must pay the biometrics services fee.
B. Form I-539 application fee plus biometric services fee. Check here for current fees. Pay the fees with a
separate money order, personal check, or cashier’s check. Make check payable to U.S. Department of
Homeland Security.
• You may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.
C. Optional: Form G-1145 E-Notification of Application/Petition Acceptance.
D. A cover letter or letter of explanation with your reason(s) for a change of status.
E. Photocopy of SJSU Form I-20 (all three pages) issued for ‘Change of Status Requested’, signed and dated.
F. SEVIS I-901 Fee receipt (Pay $350 and print out online receipt)
G. Photocopy of your passport, current visa page, and your most recent Form I-94 (paper or electronic record).
H. Proof of financial support: Use same financial documents submitted to ISSS. Note: USCIS may want
additional proof of finances. ISSS recommends you provide at least 3-4 consecutive monthly bank
statements with similar amounts to the required funding.
I. If currently in dependent status (e.g. F-2, H-4, L-2) also submit the following:
• Photocopy of the primary visa holder’s (F-1, H-1B, L-1) immigration documents: passport, current
visa page, most recent I-94 record and/or USCIS Form I-797A Notice of Action.
• If primary visa holder is working (e.g. H-1B or OPT/STEM OPT) also submit his/her employment
verification Letter, W2, or 3-4 months of paystubs.
J. Photocopy of your admission letter. If currently enrolled at SJSU, include a copy of your class schedule and/
or official academic transcript.
K. File your application by mail to the appropriate USCIS service center, see filing address. We recommend you
make a copy of tyour entire application for your records.
2. After you have submitted your application
• Keep the paper filing receipt (Form I-797C Notice of Action) that will be mailed to you. Check the application
status using USCIS’ Case Status Online. Enter the receipt or case number.
• Attend your biometric service appointment. According to USCIS you will receive a notice to schedule an
appointment at an Application Support Center (ASC) close to your address.
3. Report a change of status approval, delay, or denial to ISSS
A. Provide a copy of the COS approval notice (Form I-797A Notice of Action) to ISSS. You will receive a new
I-94 card indicating a change of status to F-1 ‘D/S’ but this does not give you a new F-1 visa in your passport.
If you depart the U.S. you will need to apply for a F-1 visa to return in F-1 student status.
o New F-1 students: attend ISSS mandatory check-in/orientation. If you have already completed ISSS
check-in, submit a copy of your approval notice to ISSS.
B. If your COS application is delayed (pending) or denied, inform ISSS immediately.
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Change of Nonimmigrant Status to F-1 (San Jose State University)

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Completed 28 April 2021

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