Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant categories. There are more than 40 nonimmigrant U.S. visa categories; each is used for a different, but very specific purpose. For example, some authorize temporary employment in the United States; others permit tourists to visit, students to study, and diplomats to serve their home country’s interests in the United States.

We understand that plans can change. If your original reason for coming to the United States changes, you may be required to change your nonimmigrant status to a different one before you may lawfully begin to engage in the activities you want to pursue. This guide contains information on how to apply for a change from your current nonimmigrant status to another nonimmigrant status while you are in the United States.

How do I know if I am eligible to change my status in the United States?

You may apply to change your status in the United States if you:

• Were lawfully admitted into the United States as a nonimmigrant;

• You have not committed any act that would make you ineligible

to receive an immigration benefit;

• There is no other factor that requires you to depart the United States prior to making a reentry based on a different classification (for example, a USCIS officer may determine that you should obtain a new visa prior to being readmitted into the

United States); and

• You submit an application for a change of status before the expiration date on your Form I-94, Arrival-Departure Record. (There are certain very limited circumstances under which USCIS will excuse a late submission.)

Please note: Your passport must be valid for your entire requested period of stay in the new nonimmigrant classification in the United States.

How do I know if I am not eligible to change my status in the United States?

If you were admitted in any of the following nonimmigrant categories, you cannot change your nonimmigrant status and must depart the United States:

C (Aliens in Transit)

D (Crewmen)

K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))

S (Witness or Informant)

TWOV (Transit without Visa)

WT or WB (Under the Visa Waiver Program, you would have been issued a green Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record)

If you were admitted in any of the following nonimmigrant categories, there are certain restrictions concerning your ability to request a change in your nonimmigrant status:

J-1 (Exchange Visitor subject to the 2-year foreign residence requirement cannot change status, with certain exceptions)

M-1 (Vocational student can not change status to F-1)

(Vocational student can not change status to a H classification—if the vocational training helped him or her qualify for the H classification)

Please note: If you are in any of the above categories, you must depart the United States on or before the date your I-94 expires.

How do I change my nonimmigrant status?

Application procedures depend on the nonimmigrant status to which you want to change:

• Employment-Based Categories:

If you want to change your status to one of the following employment-based nonimmigrant categories, your prospective employer should file a Form I-129, Petition for Nonimmigrant Worker, before your Form I-94 expires. This form serves two purposes to establish that:

You will be performing the type of work covered by the new nonimmigrant classification for the petitioner; and

Each of the above categories has specific requirements and limits, including the length of stay in this country. For more information, contact  steve@garmo.com or the phone number above.

Please note: If your prospective employer files a Form I-129 to change your status, and your spouse or unmarried children under age 21 also want to change status to remain as your dependents, they need to file a Form I-539, Application to Extend/Change Nonimmigrant Status. Note that they can all be included on one I-539. It is best to file the I-129 and I-539 forms together so that they may be adjudicated about the same time. Remember, though, that they are separate applications. Therefore, you and your family members (and your employer) must follow the instructions and file all the supporting documents with each application, even when filing forms together.

• Other Categories:

If you wish to change your status to one of the following nonimmigrant categories, you should file Form I-539:

A (Diplomatic and Other Government Officials, Immediate Family members, and Employees)

B-1 and B-2 (Visitors for Business or Pleasure)

E (Treaty Traders and Investors Dependents)

F (Academic Students and Dependents)

G (Foreign Government Officials and Certain Immediate Family Members)

H-4 (Temporary Worker Dependents)

K-3 and K-4 (Spouse of U.S. Citizen and Minor Child Accompanying/Following to Join)

L-2 (Intracompany Transferee Dependents)

M (Vocational and Language Students and Dependents)

N (Parents and Children of Certain People Who Have Been Granted Special Immigrant Status)

NATO (NATO Representatives, Officials, Employees, and Immediate Family Members)

Once your original nonimmigrant status expires, even though you will generally be allowed to remain in the United States while your extension of stay application is pending, you will not be considered to be in any nonimmigrant status until we approve your change-of status application. Therefore, you may not, for example, engage in employment during this period, even if your original nonimmigrant status would have allowed you to do so. If we deny your change-of status application, you will be considered “out of status” as of the date your original nonimmigrant status expired and must depart the United States immediately after you are notified of the denial.

After I file, how can I check the status of my change-of status application?

After you file, we will mail you a receipt. This receipt will provide a number assigned to track your application, as well as the estimated processing time. Your receipt will also give instructions about how you can use this receipt number to check the status of your case

on our website at www.garmo.com.