Comparison Chart: Changing or Extending Status by Travel vs In-Country

 

 

Consular Processing at the U.S. Embassy or Consulate

I-539 Extension of Stay or Change of Status Application within U.S.

Timeline

Timelines are estimated and can change at any time without notice.

 

Premium Processing 

  • is not currently an option for I-539 Extensions of Stay
  • is an option for I-539 Change of Status

Cost

  • Travel and re-entry costs (airfare, etc.)
  • Visa application fees
  • If applicable, I-901 SEVIS fee (only for F/J change of statuses)
  • If applicable, additional fees as advised by consulate

International students and scholars are responsible for government fees.

International students and scholars are responsible for USCIS filing fees.

Eligibility

Intent must be aligned with requirements of visa. For example, applying for F or J status requires nonimmigrant intent; applying for H status allows for dual intent.

  • Must be in valid legal status at time of filing.
  • Must meet minimum funding requirements. For example, J-1 scholar requirements.
  • For change of status applications, cannot be subject to 212e home residency requirement based on current or prior J-1 or J-2 history, or must have received a 212e waiver approval for respective programs.
  • Consult immigration attorney if you have questions regarding intent aligning with visa status you are applying for.

Considerations & Limitations

  • Applicants for U.S. nonimmigrant visas (NIV) must schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence, or at their designated embassy or consulate unless residence is elsewhere.
  • While visa is pending approval, ISSO does not advise traveling outside the country that you applied for an initial or renewal visa; application can be considered abandoned.
  • You may enter the U.S. up to 30 days prior to your J research scholar or J short term scholar start date but cannot begin exchange visitor program until your start date has passed.
  • F visa holders may enter the US up to 30 days before the F-1 Program Start Date printed on the I-20.
  • F-1 or J-1 Students: contact your ISSO adviser in advance of starting or continuing employment.
  • Federal policies can quickly change while you are outside the U.S., potentially preventing ability to re-enter the U.S. if impacted.
  • Consulates can be backlogged during peak periods, making it difficult to secure a visa interview. 
  • ISSO has learned that consulates have been known to cancel confirmed appointments at any time. 
  • Following your visa interview, you can expect your online application status to change to “Refused” while the embassy completes their assessment of your visa eligibility, which includes reviewing your social media profiles. Once your consular officer approves your visa, the status will change to “Approved.”
  • You could be subject to an extended background check, also known as administrative processing. This will further lengthen the time it will take to be issued your visa.

For J-scholar I-539 Extensions Of Stay (EOS) Requests

  • If a J-scholar files for EOS, travels internationally but returns before the J-1 extension start date listed on DS-2019, the USCIS EOS application will not be considered abandoned. The new I-94 issued will generally include an admit until date that mirrors the old DS-2019 end date (+30 days up to four years), and the USCIS EOS will continue to be processed.
  • If a J-scholar files for EOS, travels internationally, but returns after the DS-2019 extension start date, the scholar will be issued a new I-94 with a fixed admit until date that mirrors the extended DS-2019, plus 30 days grace period. The EOS would then be considered abandoned.  

For I-539 Change of Status (COS) Requests

  • If you depart the US with a pending COS I-539, it will be considered abandoned. You must then apply for a new visa at the US embassy before re-entering in the new status.
  • You should not travel internationally between the time that your COS I-539 is submitted and your COS start date, even if your COS is approved in advance of your new status start date. 
  • If you submit a change of status with regular processing, adjudication has generally taken an extended period of time.
  • H-4 visa: Submitting a change of status or extension of stay applications with an H-1B petition does not guarantee that the H-4 applications will be adjudicated together or adjudicated more quickly.

Disclaimer: Any advice provided to you by ISSO, including 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.

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