Overview

If you are already in the United States in lawful non-immigrant status (e.g., F-1, F-2, J-1 student, J-2 dependent,  etc.) and you want to obtain J-1 scholar status, you would usually do this by leaving the U.S., applying for a J-1 visa, and entering the U.S. as a J-1 scholar.

However, in specific situations, it may be possible to obtain J-1 status without having to leave the U.S. This is done by submitting Form I-539 to USCIS. Processing times can take several months, although premium processing may be available.

Note: if you are seeking to change to H-1B, E-3, TN, or O-1 status, you would not follow this process. The change of status for employees in these classifications is managed by SISS (for UC Davis employees).

DISCLAIMER: Please note that this information is general in nature and does not constitute legal advice. SISS is unable to directly assist in preparing a change of status application or advising on the process. However, we can direct you to immigration attorneys who may be able to provide legal advice and guidance for your individual situation.

• Advantages and Disadvantages of Applying for a Change of Status 

• Advantages to change of status versus travelling:

  -            Allows you to remain in the U.S. while the application is being processed.

  -            Premium (expedited) processing is available in many cases.

  Disadvantages to change of status versus travelling: 

  -            Application processing time can be lengthy (6-8 months on average), although premium processing may be available (reducing USCIS response times to within 30 days).

  -            Cannot travel internationally while the application is being processed.

  -            Does not provide a new visa: if you later travel outside the U.S., you will need to apply for a J-1 visa to return to the U.S. (exception: Canadian citizens).

  -            Cannot start any J-1 employment until the change of status is approved.

• Standard Eligibility Requirements

• To change from one non-immigrant status to J-1 status, you must meet certain standard eligibility requirements:

  -            You must be maintaining valid status when you apply. You cannot apply if you are currently no longer in valid status or your current status has expired.

  -            If you are subject to Section 212(e) Two-Year Home Residency requirement based on prior J-1 / J-2 history, you may not apply for a change of status. Consult with SISS.

  -            You must have an unexpired passport valid at least six months into the future.

  -            You must have qualified for and obtained the required immigration documents for your specific status, such as Form DS-2019 (for both J-1 status and any  J-2 dependents).

  -            You must have proof of adequate funding, usually the same funding documents you provided to SISS to qualify for your DS-2019.

  -            Your purpose must be to engage in a temporary program of research and/or teaching, and you must be willing and agree to comply with any J-1 program requirements.

• Change of Status Application Steps

• A change of status application requires submitting Form I-539 to USCIS before your current status expires. Both paper and online versions of the form are available. The instructions below apply to persons seeking J-1 scholar status with UC Davis. 

  -            Obtain your Form DS-2019 from SISS. Do not apply for a change of status without a properly issued DS-2019.

  -            Complete Form I-539 (online or paper version) and attach or submit the required fee. Be sure to include a valid U.S. mailing address. Carefully follow the instructions provided by USCIS.

  -            Include the following, at minimum:

              -            Copies of your signed DS-2019, along with supporting financial documents (e.g., scholarship letters, appointment letters, bank statements)

              -            Copy of unexpired passport identity page (valid at least six months into the future)

              -            Copy of any previously issued visa(s)

              -            Copy of your most  recent Form I-94 showing your current status

              -            I-901 SEVIS fee payment receipt copy

              -            Other supporting documents, such as previously issued I-20s, DS-2019s, EAD cards, I-797A approval notices, etc., relating to your current status

  -            If you were previously in J-1 or J-2 status, and were subject to Section 212(e), a copy of your waiver or other evidence showing you have satisfied the requirement.

  -            If requesting premium processing (highly recommended), also submit Form I-907 and the required fee.

  Please note: you cannot start any J-1 employment until the change of status is approved.

  Immigration attorney assistance recommended: The above information is general in nature to assist you with your Form I-539 filing. However, SISS is unable to complete Form I-539 for you or to answer specific questions about your status or application. We recommend that you use the services of a qualified immigration attorney to assist you in your application.

  Timelines: You can submit your I-539 application before your current status expires and your new status is expected to begin. Keep in mind that standard processing may take several months, so premium processing is highly recommended. Under current guidelines, you may remain in the U.S. even if your change of status is not approved before the expected start of your new status; however, you may not be able to work and/or study until your change of status is approved. Please consult with SISS and an immigration attorney for recommendations.

• Accompanying Dependents 

• If you have dependents who need to change their non-immigrant status with you, in many cases, they can be included on your Form I-539 as accompanying family members. An example is an F-1 student applying to change to J-1 scholar status. In this situation, you can prepare a single Form I-539 (and Form I-539A supplement) to include your  F-2 dependents on the same application,  requesting J-2 status for them. Please note that any J-2 dependents will also need to have their own Form DS-2019.

  Please consult with a SISS advisor for more information about dependent family members.

• Travel Implications 

• While your application is under review by USCIS, international travel is not permitted; otherwise, your application will be canceled. You would need to apply for a new visa in order to return to the U.S. in your desired visa classification.

  Once USCIS approves the change of status application, they will mail you a Form I-797A approval notice with a new I-94 indicating your new status and status expiration date. Notify SISS once your change of status approval has been issued. SISS is typically not notified directly when change of status applications are approved.

  If you travel internationally at a later date, you must expect to apply for a new visa in order to return. The change of status only allows you to remain in the U.S. under new visa rules and regulations – it does not remove the requirement to have a valid entry visa to re-enter the U.S. Review our Travel Resources section for more information. (Note: Canadian citizens are exempt from the visa requirement for re-entry to the U.S.)