A Change of Status (COS) is the process of transitioning from one nonimmigrant visa classification to another while remaining in the U.S. It enables individuals to adjust their legal status to align with new professional, educational, or personal needs without having to depart the U.S. and reapply for a new visa from their home country.

​

Who Is Eligible for Change/Extend of Status Eligibility?

In general, you may apply to change your nonimmigrant status within the U.S. if you meet the below criteria: 

1) lawfully admitted to the United States with a nonimmigrant visa, 
2) your nonimmigrant status remains valid, 
3) you have not violated the conditions of your status, and 
4) you have not committed any crimes that would make you ineligible.

​

Key Features of Change of Status (COS)

​

• Stay Within the U.S.: you can remain legally in the U.S. while USCIS processes the request, no need to depart the U.S. and apply at a consulate abroad.

• Change of Status vs. Change of Visa: COS approval grants status but not a visa stamp. COS only affects status inside the U.S.—it does not change the visa type stamped in the passport. A new visa must be obtained abroad if international travel is planned.

• Applies Only to Nonimmigrants: Only individuals currently in valid nonimmigrant status (e.g., F-1, B-2, H-4) are eligible. Immigrants (green card holders) are not subject to this process.

• Not All Statuses Are Eligible: Individuals in certain statuses (e.g., C, D, K-1, WT/ESTA) cannot apply for COS. Also, overstays and those with status violations are generally ineligible.

• No International Travel: Travel outside the U.S. while the COS application is pending is considered an abandonment of the request.

• COS Denial Reverts to Prior Status: If COS is denied, the applicant is typically expected to leave the U.S. immediately, unless their original status is still valid. There is no automatic grace period after denial.

​

​​Most Common COS Cases We Handle​

​

We help you change your immigration status without leaving the U.S. Whether you're continuing your education, joining a spouse, or exploring new options after a job change, we make the process smooth, secure, and strategic.
 

Change of Status to F-1 (Student)

To apply for a COS to F-1 student status, you must be accepted by a U.S. academic institution; obtain a Form I-20 from the institution; and demonstrate sufficient financial resources to cover tuition, living expenses, and other costs.

From B-1/B-2 to F-1: If you entered on a visitor visa, you must first obtain F-1 status before enrolling in full-time academic study. Studying while in B-1/B-2 status is prohibited.

From F-2 to F-1: F-2 dependents can apply for F-1 status to pursue full-time education independently.

From H-1B, H-4, L-1, L-2 to F-1: Often used by individuals facing job loss or career shifts who wish to pursue further education and gain access to CPT or OPT.

From J-1/J-2 to F-1: Applicants often need to obtain a waiver of the two-year home-country residency requirement unless applying at a U.S. consulate abroad.

F-1 Reinstatement: F-1 reinstatement allows international students to regain valid student status after falling out of status due to issues like dropping below a full course load, unauthorized employment, or other visa violations. 

​

Change/Extend of Status to B-2 (Visitor)
 

B-2 status offers temporary relief for individuals who need extra time in the U.S. due to personal, medical, or transitional reasons. Whether you're changing to B-2 or extending it, we help you remain in status and avoid immigration issues.

​

From F-1 to B-2: After completing your academic program, you may need time to prepare for departure, wrap up personal matters, or plan your next steps. A Change of Status to B-2 allows you to legally remain in the U.S. for up to 180 additional days.

​

From H-1B to B-2: If you’ve been laid off and can’t find a new H-1B sponsor before your grace period ends, applying for a Change of Status to B-2 can give you valuable time to stay in the U.S. legally—whether to explore new visa options, search for a job, or prepare for departure. If you later receive a job offer, your new employer can file an H-1B petition along with a COS request, allowing you to transition back to H-1B status without leaving the country.

​

Extending B-1/B-2: If you're in the U.S. on a B-1/B-2 visitor visa and need to stay longer than expected, you may apply for an extension of stay before your I-94 expires. Valid reasons include ongoing personal or medical matters, caregiving responsibilities, extended business or tourism activities, or needing additional time to prepare for a Change of Status to another visa category.

​

Change of Status to Dependent Status ( F-2/H-4/L-2/O-3/E-2/TD)

​

If your spouse holds a valid visa and you're currently in the U.S. under a different status, you may be eligible to apply for a Change of Status (COS) to a corresponding dependent visa. This allows you to live in the U.S. while accompanying your spouse.

​

F-2: For spouses of F-1 students. You may stay in the U.S. but cannot work.

​

H-4: For spouses of H-1B visa holders. You may qualify for work authorization (EAD) if your spouse has an approved I-140 immigrant petition.

​

L-2: For spouses of L-1 visa holders. Automatically authorized to work without a separate EAD.

​

O-3: For spouses of O-1 visa holders. You may study but cannot work under this status.

​

E-2: For spouses of E-2 treaty investors or employees. Work authorization is automatic—your I-94 with an “S” designation serves as proof of employment eligibility.

​

TD: For spouses of TN visa holders. You may study but cannot work under this status.

At Ding Babb Law Group, we don’t just file forms—we help build your future. Whether you're joining a spouse, starting/losing a job, or transitioning to student life, your Change of Status (COS) application must be precise, well-documented, and strategically timed. Even simple mistakes or missing evidence can derail your plans. 

​

Our experienced attorneys guide you through every step—ensuring your COS petition is strong, complete, and keeps you in legal status while you pursue what’s next. Schedule a consultation today to ensure a smooth and successful Change of Status process.​

​

🔍 Additional Resources:

​

🔗 Change of Status Overview: Click here to learn more about USCIS Policy Manual.

​

🔗 Changing to F or M Status FAQ: Click here to learn more about USCIS Policy Manual.

​

🔗 Case Status: Click here to check the status of your case online using your USCIS Receipt Number.

​

🕒 Processing Times: Click here to check current USCIS processing times.

​

📦 Address Changes: All non-immigrants and permanent residents are required to notify USCIS of any address change within 10 days of moving. Click here to create an account and submit your change of address online.