How to transfer as an exchange student (change of status from F to J)

How to transfer as an exchange student (J to F)

Update (6/14/2023): Now international students who would like to change their visa status to F can file Premium Processing to expedite the Change of Status filing process. Please click here to learn more.

Update (7/20/2021): USCIS announced that F-1 status will be granted on the day of the Change of Status approval.

This means F-1 visa applicants don’t need to file Form I-539 Application To Extend/Change Nonimmigrant Status just to fill the gap. To learn more, go down to Change your status within the United States.

Participating in the exchange program is a great way to experience American colleges and universities in an inexpensive way.

Exchange students, who really like the college or like the idea of studying abroad in the U.S., might wonder what steps need to be taken to transfer as an exchange student.

Unlike transferring within their home country, international students need to consider how to change their visa status as well.

If you are interested in transferring to colleges and universities in the U.S. as an exchange student, this post will be greatly helpful for you.

At the end of the blog, you will learn different steps to change your status depending on where you are- changing your visa in your home country or in the U.S.

Contents


Things to keep in mind when you change from J to F visas

J students who are subject to 212(e) two-year home residency requirement cannot continue their study in the United States as F students.

As a part of U.S. law, in the Immigration and Nationality Act, Section 212(e) requires exchange visitors to return home for at least two years after their exchange visitor program.

J exchange students can check page 1 of their document DS-2019 to see if they are subject to 212(e) two-year home residency requirements. Students might get subjected to section 212(e) when:

  • Government Funding: the J exchange visitor received external funding from the U.S. government, home government or international organization to use for the J-1 program.
  • The Exchange Visitor Skills List: the J exchange visitor’s program is listed in the country’s Exchange Visitor Skills List. The list contains specialized knowledge and skills that are necessary for the development of an exchange visitor’s home country.
  • PL 94-484: the J exchange visitor participated in a graduate medical training program in the United States under the sponsorship of the Educational Commission for Foreign Medical Graduates. According to the Health Professions Educational Assistance Act of 1976 which is commonly called Public Law 94-484, physicians are required to return to their home countries for 2 years.

If any of these doesn’t apply to you but your DS-2019 says you are subject to section 212(e), you might be eligible for a waiver. The eligibility of the waiver and instructions can be found here.


Change your status in your home country

When a J exchange program has come to an end, the student might go back to the home country and apply for an F visa there. In this scenario, obtaining an F visa process is the same as the new F student:

  1. Pay the $350 SEVIS fee at fmjfee.com.
  2. Schedule the visa interview at your local embassy. Students can make an appointment as early as 120 days prior to Program Start Date on the I-20. Check related blog posts for required documents and tips for the visa interview.
  3. Obtain the F visa. New F students can enter the U.S. as early as 30 days prior to the Program Start Date.

Compare to changing your status within the United States, which I will discuss in the following paragraph, this scenario has some advantages.

First, since the exchange program has ended and now you are back in your home country, you are not regulated by any immigration regulations.

Second, in general, obtaining an F visa is faster than changing your status from J to F within the United States. To check how long it would take to schedule the student visa interview, click the first related blog post.

Related blog post 1: F1 visa interview wait time and what to bring
Related blog post 2: How to answer for visa interview questions


Change your status within the United States

If you prefer to change your status while you are in the United States, you should notify your current J visa status to your DSO (Designated School Officer) or to the Office of International Student Services (ISSS).

Since you are changing your status, you will be issued the Change of Status I-20. Now there are two things to keep in mind when you apply for COS (Change of Status) in the U.S.

The importance of timely filing

First, J visa holders should file the COS application before the 30 days grace period ends. The application that is filed after the program end date + additional 30 days of the grace period will be considered invalid.

Then, students should go back to their home country and apply for an F visa as I discussed in the previous section. Because the COS process takes several months, it is highly encouraged to apply as soon as possible.

Related blog post: Must know J-1 visa grace period for exchange students

…a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed…

8 CFR 248.1(B)

The importance of maintenance of status

Second, COS applicants should maintain their non-immigrant visa status all the way up to when the COS request is granted.

To understand this better, you need to understand that F students can be in the U.S. as early as 30 days prior to the program start date.

In other words, you are maintaining your status when the latest date you can be in the U.S. as a J visa holder (=program end date + 30 days of the grace period) is later than the earliest date you can be in the U.S. as an F visa holder (= program start date – 30 days).

Update (7/20/2021): However, what if the earliest date you can be in the U.S. as an F visa holder is too far away from the latest date you can be in the U.S. as a J holder?

Before July 2021, COS applicants had to submit another Form I-539 to fill the gap but USCIS updated the policy and now applicants don’t have to file additional documents just to fill the gap. According to the policy update, the F-1 status will be granted on the day of the COS approval.

It is worth mentioning that students whose COS requests are approved have to comply with the F-1 visa rules to keep their status valid. For example, F-1 students should not be working on-campus or off-campus more than 30 days prior to the program start date which can be found in Form I-20.

Click here to learn all of the important F-1 visa rules.

To prevent a “gap” in status, USCIS will grant the COS to F-1 effective on the day of the COS approval. If an application is approved more than 30 days prior to the program start date, these nonimmigrants must ensure that they do not violate their F-1 status during that time.

An example of a violation would be engaging in unauthorized employment, including on-campus employment, more than 30 days prior to the start of classes.

Change of Status to Nonimmigrant Student (F-1) Visa Classification

Archived- information between the separators are outdated information

However, if there’s a gap, you need to file Form I-539 Application To Extend/Change Nonimmigrant Status to fill the gap. To better understand this regulation below I made up the scenario where the student needs to file the Form I-539 to bridge the gap:

  • Exchange program end date: May 15th, 2021
  • Grace period end date as a J visa holder: June 14th (May 15 + 30 days), 2021
  • Incoming semester (program) start date: August 23rd, 2021
  • The earliest date that the new F visa holder can be in the U.S.: July 24th (August 23 – 30 days), 2021
  • Gap: June 15th~ July 23rd => COS applicant should file the Form I-539 to fill the gap

What if the new program start date is near but you haven’t heard back from USCIS regarding the COS application? Unfortunately, because you cannot study as an F student till the COS request is adjudicated, you have to defer your admission and file additional Form I-539 to extend your stay in the U.S. USCIS says the following regarding this matter:

Note that because of processing times, your F-1 or M-1 program start date may be deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date. In that instance, you will need to obtain status all the way up to the date which is 30 days before your new program start date. If you had already filed an I-539 to bridge the original gap, you may need to file another I-539 to bridge the new gap.    

Changing to a Nonimmigrant F or M Student Status

A change of status may be granted for a period up to 30 days before the report date or start date of the course of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before the report date or start date of the course of study listed on Form I-20 or your requested change of status may not be granted.

INSTRUCTIONS FOR FORM I-539 (PDF, 353 KB) PAGE 6

Required documents for filing the Change of Status application

There are two ways you can file the COS application- apply by mail or apply online. To check the eligibility to file online, click the webpage: Check Your Eligibility to File Form I-539 Online. Below is the list of required documents and filing addresses in case you are not eligible for online filing.


  • Form I-539
    • From June 13, 2023, Form I-539 paper/online applicants who have a pending Form I-539 can file Form I-907, Request for Premium Processing Service.
    • From June 26, 2023, all I-539 (initial and pending) applicants can file Form I-907 together.
    • *NOTE 1: Premium processing for Form I-539 is available only for I-539 applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status.
    • *NOTE 2: Premium processing promises applicants to hear back the result of the I-539 application within 3 months with the cost of $1,750. However, this timeline does not start until the applicants submit the biometrics.
    • *NOTE 3: The filing method of the Premium Processing must be the same as the I-539 filing method. If you filed paper I-539, you MUST file paper Form I-907. If you filed online I-539, you MUST file online Form I-907. Go to the How to complete online Form I-907 premium processing for OPT to learn more about filing Form I-907 and how to link it to your Form I-539.
  • The application fee: As of December 2020, the fee is $370. It is always a good practice to double-check the fee from the USCIS webpage, here.
  • I-94 record
  • Scanned copies of valid passport and visa
  • Copies of I-20: Make sure to put your signature and date with a blue pen on page 1 of the document
  • Financial statement: All COS applicants should prove that they have enough funds to stay and maintain their non-immigrant status in the U.S. Therefore, submit the financial document that proves enough funds stated in Form I-20.
  • SEVIS fee payment confirmation page
  • Copies of DS-2019: Make sure to put your signature and date with a blue pen on page 1 of the document

To check where to file the application, click this webpage: Filing Addresses for Form I-539, Application to Extend/Change Nonimmigrant Status page. As of December 2020, COS applications should be mailed to USCIS Dallas Lockbox Facility:

For U.S. Postal Service (USPS):

USCIS
PO Box 660166
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-539
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067


How to check how long it takes to change your status within the U.S.

Many students who would like to change their status within the U.S. wonder how long the process would take. To check the processing time, go to USCIS’s Check Case Processing Times webpage. You can click Form I-539 under the first dropdown and select the closest field office or service center under the second dropdown.

It will show you the estimated time range depending on the Form type and receipt date for a case inquiry. The chart will give you an idea of how long it would take if you file the application within the U.S. In general, changing status to the F student category takes more than a year as of September 2021.

Check Case Processing Times

The bottom line is that the easiest way to change your status is to go back to your home country and apply for an F visa.

However, if local embassies in your home countries are closed due to pandemics, you might seek ways to change your status while you are in the United States.

In this case, check your DS-2019 to see if you are subject to the 212(e) 2 year home residency requirement.

If not, gather all required documents to apply for Form I-539 and file them online or by mail. It can’t be emphasized enough how important maintaining your visa status is during the process. Check your DS-2019 and I-20 to make sure that you have no gaps in between.

Hope this helps and all the J-1 visa information can be found here.

Be Savvies

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