Change of Status
Under certain conditions, someone in the U.S. in a non-resident visa status (such as B2, E2, F1, F2, J1, J2, H1, H4) may change their visa status to F-1 or J-1. There are two main ways to effect a Change of Status successfully:
- Inside the U.S. – apply to the US Citizenship and Immigration Service (USCIS) for a change of immigration status inside the U.S. (approval timeframe: ~30 days-18 months; the 30 day timeframe applies to petitions with Premium Processing)
- Travel & Reentry – Exit the U.S., apply for an F-1 visa a the U.S. embassy /consulate in your home country, then enter the U.S. using your F-1 visa stamp up to 30 days before your I-20 start date.
The first step for UNC Charlotte students changing to F-1 status using either method is to request an I-20 from the International Student & Scholar Office. See below for additional details.
When to Apply & Premium Processing Considerations
- Timely file (before your current status ends):
- If you are applying for Change of Status inside the U.S., you must submit your application to USCIS BEFORE your current status expires as shown on your I-94 arrival/departure record.
- Depending on the method you choose to obtain F-1 status (travel vs. I-539), other timeframes may be relevant. For example:
- Exiting the U.S. and applying for an F-1 visa at the U.S. consulate / embassy in your home country may take 1 – 5 months.
- Changing status in the U.S. via USCIS form I-539 takes approximately from 6 – 12 months (for anyone not paying the USCIS expedited fee).
- See the section “How to Apply” for addition information on the 2 paths for changing to F-1 status.
- Premium Processing – an optional fee for expedited processing:
- Students changing their status in the U.S. via Form I-539 may choose to pay an additional (optional) fee for expedited service to USCIS. This is called “Premium Processing”. An applicant who pays for Premium Processing will receive a decision on their I-539 within 30 business days of when the fee is paid.
- The I-539 Premum Processing fee is a significant amount, and students who opt to pay for Premium Processing by filing USCIS Form I-907 with their I-539 must also be enrolled full-time according to F-1 visa requirements during an academic year term when they file for premium.
- Premium Processing does not guarantee an approval–just a decision within 30 business days. This can be helpful for students graduating soon who need to apply for OPT, or who, for academic reasons, need to enroll full-time if their previous status does not allow full-time enrollment. Premium Processing can be added at any point while an I-539 is pending, so some students may choose to start their petition without Premium Processing, but then add it later.
How to Apply
Students who have decided to apply for a Change of Status must do a few steps prior to requesting a Change of Status I-20:
Evaulate which of the 2 options you will use to obtain F-1 status. See below for a comparison of the two paths.
- Exiting the U.S. and applying for an F-1 visa stamp at a U.S. consulate or embassy
- Advantages:
- This process can be faster than waiting out the normal (non Premium Processing) change of status wait time
- You will obtain F-1 status AND an F-1 visa stamp
- Disadvantages:
- It may be difficult for you to schedule a visa appointment in your home country
- You have to cover travel expenses to your home country. Once your visa is approved, the earliest you can enter the U.S. is up to 30 days before your I-20 start date.
- Advantages:
- Applying for F-1 status from within the U.S.
- Advantages:
- You can stay in the U.S. while you wait for your change of status to be approved as long as you submit your application to USCIS before your previous status expires.
- You can pay the Premium Processing expedited fee to shorten your application processing time with USCIS
- You can avoid the hassle (for now) of applying for a visa
- Disadvantages:
- You have to wait for USCIS to process your application. Normal non expedited applications may take from 6 – 12 months for USCIS to process. Depending on your previous visa status and expiration date, you may not be allowed to work on-campus or enroll full-time until your F-1 status is approved.
- You must stay in the U.S. during processing; exiting the U.S. while your COS application is pending cancels the application
- You must still obtain a visa stamp to match your status the next time you travel outside the U.S.
- The application may be denied, which could require you to quickly depart the U.S.
- Advantages:
- Exiting the U.S. and applying for an F-1 visa stamp at a U.S. consulate or embassy
- Speak with an ISSO advisor during ISSO Advising Hours to discuss your unanswered Change of Status questions.
- See the ISSO homepage for up to date ISSO Advising Hours (we offer both in person and phone sessions)
- Some of the complexities of the Change of Status process should be discussed directly with an advisor (not via email)
- Request access to the “Change of Status to F-1 Application” in the ISSO Portal
- Email intlsso@charlotte.edu the following information: your name, term you’ve been admitted for (or if you are currently attending), and your student ID number.
- We will create your ISSO Portal account, email you with login instructions and direct you to the correct application under the menu option “Changing to F-1 Student Status”.
Application Tips, Login, and Financial Documents
The following are a few tips about the CoS Application in ISSO Portal (see “How To Apply” in the section above to request access to the application):
- Once you have been granted access, you will be able to login to the ISSO Portal with your NinerNet Credentials.
- You must upload financial documents (no older than 3 months) showing that you can afford out of state cost of attendance. If statements are not in US dollars, please provide a currency conversion with the statements.
- A family member can sponsor your education by providing copies of their bank statements for you to upload in your application; however, please also have this family member write a short letter indicating their relationship to you and that they agree to provide the funding to you freely for your educational expenses.
- What kind of funding can I submit in order to prove sufficient finances? It depends on your source of financial support. If your family is supporting your education, then the ISSO recommends submitting proof of ‘liquid assets’ that are readily available such as the following:
- Checking or savings account
- Certificates of deposit with a maturity date prior to the start of the student’s term of admission
- Money market accounts
- A scholarship through the University, the student’s home government, or a non-governmental agency
- Offer letter for a graduate assistantship/fellowship
- Education loans
- Unacceptable forms of financial support include:
- Any document that is not written in English
- Stocks
- Bonds
- Mutual funds
- Statements of earned salary or yearly income
- Cryptocurrency assets
- Tax returns
- Credit card statements/lines of credit
- Statements of property ownership
- As part of the ISSO Portal application, you will request an electronic recommendation from your academic advisor. Your academic advisor will confirm your estimated graduation term.
- Once submitted, please allow 10 business days for I-20 issuance.
Change of Status and F-1 Campus Employment/CPT/OPT Eligibility
Some students who are changing their status from a different visa type to F-1 are concerned about how and when they become eligible for F-1 on-campus employment or CPT/OPT, which are F-1 employment benefits.
To qualify for F-1 on-campus employment, a student must simply be on F-1 status as indicated by a CoS Approval Notice or via I-94 record showing F-1 status.
To qualify for CPT/OPT, a student must:
- Spend the last 2 consecutive academic year (non-summer) semesters prior to CPT/OPT in FULL-TIME enrollment (or with an approved RCL)
- Full time enrollment is considered 9 credits per semester for graduate students, and 12 credits per semester for undergraduates
- Attain F-1 status by the time you apply for CPT/OPT
- If changing to F-1 inside the U.S. via I-539 petition, then your F-1 CoS needs to be approved before you apply for CPT or, preferably before you graduate for OPT (but in theory you can still apply for OPT if it is approved up to ~45 days after graduation).
- If changing to F-1 via travel outside the U.S., the best option is to have 2 full-time semesters in F-1 status, in the U.S.. However, as long as you are in F-1 status at the time of graduation (and your past 2 semesters have been full-time or with an approved RCL), we will create a OPT I-20 for you. You may then apply for OPT and let USCIS decide if you qualify for OPT.
- Since CPT authorization is determined by ISSO, USCIS will not adjudicate this benefit.
The ISSO cannot tell you whether USCIS will approve a given OPT I-765 application–there is no way to know this. If you wish to be safe, if changing status via travel, two semesters in F-1 status is recommended; if you accept some risk of denial, two semesters in any status at full time may still receive approval by USCIS. USCIS has denied a small minority of OPT applications where the student did not have two semesters in F-1 status at UNC Charlotte and at other universities. However, the vast majority of these types of requests are approved, since the regulation technically allows it. Your specific outcome may depend on USCIS-internal factors, including adjudicator discretion.
Change of Status and Study, Tuition Implications
- Can I study while I wait for my F-1 Change of Status application to be approved?
- Some students who apply for a Change of Status inside the U.S. may be able to study while their petition is pending; others may not. Whether study with a pending petition is allowed or not will be determined by what an applicant’s previous visa status allowed.
- B1/B2 holders, MAY NOT study while their I-539 is pending.
- For all other visa types, the ISSO cannot verify whether your previous non-F-1 or J-1 status allows you to study. We encourage you to consult with an immigration attorney to determine if your previous visa status allows you to study while you wait for I-539 approval.
- Some students who apply for a Change of Status inside the U.S. may be able to study while their petition is pending; others may not. Whether study with a pending petition is allowed or not will be determined by what an applicant’s previous visa status allowed.
- Will I have to pay out of state tuition? If so, when will that begin?
- F-1 international students do not qualify for in-state tuition. If you were previously on a visa status that permitted you to pay an in-state tuition rate, and then you successfully switch to F-1, your tuition rate will change.
- When will your tuition rate change after successfully changing your status to F-1? This is determined by the NC Residency Determination Office, not the ISSO. See the UNC Charlotte Residency webpage FAQ question about the tuition grace period after you lose in-state status.
ISSO vs. Attorney Assistance with CoS
- ISSO can only provide general advice
- An ISSO advisor can provide basic guidance on the two paths for obtaining F-1 status, such as the information provided on this webpage.
- ISSO advisors cannot provide you with legal advice
- Speak to an immigration attorney for any specific concerns with your case, including:
- Obtaining help in filling out USCIS form I-539 to change your status to F-1 within the U.S.
- Confirming if your current visa status (H-1B, H-4 etc.) allows you to work, study before USCIS approves your Change of Status, exit the U.S. before USCIS approves your application, or study before you obtain an F-1 visa stamp via travel & re-entry.
- Evaluating if you will definitely be eligible for the F-1 OPT benefit post-Change of Status — USCIS determines this at the time of adjudication.
- Checking on the status of your pending Change of Status application with USCIS.
- Obtaining help in responding to an RFE (Request for Evidence) from USCIS.
- Coaching you on your upcoming visa interview (if you are changing status via travel).