How do I change my visa status while inside the United States?

Changing your nonimmigrant visa status while inside the US means switching from one visa category to another without leaving the country. For example, changing from F-1 student to H-1B worker, or from B-2 tourist to F-1 student. You must file the appropriate form with USCIS before your current authorized stay expires.

For employment-based changes (like B to H-1B), the employer files Form I-129. For nonemployment changes (like B to F-1, or extending B status), the applicant files Form I-539. You must not begin working in the new status until USCIS approves the change. Filing a timely, non-frivolous change of status application generally preserves your status during the pendency.

Some categories cannot be changed to from within the US. VWP (ESTA) entrants generally cannot change status. C, D, and K visa holders have specific restrictions. Additionally, changing status does not update your passport visa stamp; if you travel abroad after a change of status approval, you must get a new visa stamp at a consulate reflecting the new category before returning.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.