Change to F-1 Status

Federal Regulations Governing Change of Non-Immigrant Status

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/changing-nonimmigrant-f-or-m-student-status

To change from another non-immigrant status to F-1 student status, you must travel outside the US or file a petition with United States Citizenship and Immigration Services (USCIS).

Individual situations vary.  We do not recommend or discourage this process.  To discuss your particular situation, we encourage you to meet with a qualified immigration attorney.

International advisors in OIPS are not qualified attorneys and cannot advise or assist on complex cases with very important results.  In declining to assist in processing change of status cases, we follow the advice of our professional association and University attorneys.

Change to F-1 Status through Travel

You may acquire F-1 status by entering the US with an F-1 entry visa.  You depart the US with your I-20 form, schedule a visa interview at a US consular post abroad, and re-enter with your F-1 student visa.

Change to F-1 Status in the US

You may acquire F-1 status by filing a petition to change your status with United States Citizenship and Immigration Services (USCIS).  You must remain in the US and maintain your current legal status while this petition is pending.

Requesting an I-20 to Change to F-1 Status

OIPS will issue an I-20 to admitted students who qualify.  However, the form is completed based on how you plan to change your status.  For those who plan to remain in the US, please retain a qualified immigration attorney prior to requesting your I-20 form.

All students who plan to change to F-1 status in the US or by travel must submit a Change to F-1 Status Request Form and funding and immigration identity documents. In addition, students who plan to change to F-1 status in the US must certify that they have consulted with an immigration attorney who will assist with their Change of Status application to USCIS.

Details about the I-20 request procedure and required documents can be found on the F-1 and J-1 Forms page: https://oips.gmu.edu/f-1-and-j1-forms/

We advise you to consult with a qualified immigration attorney. You may want to consult with the attorney about the advantages and disadvantages of the options below:

• Applying for a change to F-1 status in the US instead of traveling to obtain an F-1 visa, including how enrollment rules may affect your decision (See the Enrollment and Deferral tab).
• Applying for premium processing to expedite the processing of your change of status in the US application
• Retaining your current visa status vs. obtaining an F-1 visa status

See our webpage about choosing an immigration attorney for more information: https://oips.gmu.edu/immigrationattorney/

Change to F-1 Status through Travel

• Pay the I-901 SEVIS Fee at https://fmjfee.com
• Schedule a visa interview at a US Consulate, preferably in your home country
• If you already have a change of status application filed with USCIS, contact USCIS to withdraw your application
• Enter the US no earlier than 30 days from the start date on your I-20

Change to F-1 Status in the US

• Pay the I-901 SEVIS Fee at https://fmjfee.com
• Work with your attorney to file your Change to F-1 status application to USCIS
• Submit the I-797 Receipt Notice that USCIS will send you upon receipt of your application within 60 days from the date your Change of Status I-20 was issued by OIPS.  OIPS will cancel the SEVIS record of any student who has not submitted the I-797 receipt notice by the 60-day deadline. Send the notice to [email protected]

• Remain in the US while the application is pending
• Upon approval of your Change of Status application by USCIS, submit the I-797 Approval Notice within 3 days to [email protected]

The enrollment and deferral rules below apply to students pursuing a Change to F-1 Status in the US by application to United States Citizenship and Immigration Services (USCIS):

The program start date that OIPS enters on your first Change of Status I-20 depends on your enrollment status:

Enrollment Rule: If your Change to F-1 Status is approved by the last day to add of the Fall or Spring term, you are required to follow F-1 enrollment rules at https://oips.gmu.edu/f-1rules/ , which require you to study full-time and limit your online courses.

Deferral Rule: USCIS requires schools to defer your program start date to a later date if your Change of Status application is not approved by the last day to add of the Fall or Spring term. See the Nonimmigrants changing to F-1 or M-1 Status section at this link: https://www.ice.gov/sevis/dso-requirements.

Your next available start date depends on your enrollment eligibility and the enrollment choice that you make.

• If you are maintaining full-time enrollment at George Mason under your original visa status, your I-20 will be deferred on a month-to-month basis to ensure you are able to begin your F-1 record shortly after approval.  You are expected to maintain your current status and align your enrollment as closely as possible with F-1 regulations so you can be compliant in your new status upon approval.
• If you are not maintaining full-time enrollment at George Mason, your I-20 will be deferred to the next available term.

See the table below to understand how your start date will be deferred and make appropriate enrollment plans. Consult your attorney if you are not sure whether or not your current visa status allows you to enroll full-time while your Change of Status application is pending.

Five-month rule for Change of Status applicants:  OIPS will register your SEVIS record to begin F-1 status based on your program start date. However, in some situations, your Change of Status application will be approved more than five months before your deferred program start date. Consult with your attorney if this is your situation. You may be advised to transfer to another school so that you can comply with F-1 enrollment rules as soon as possible. George Mason enrollment and deferral rules cannot be changed to accommodate your enrollment plans.

The full-time enrollment rules mentioned below, including face-to-face/hybrid requirements, can be found at https://oips.gmu.edu/f-1rules/

The rules will be based on your education level and individual situation. Contact your academic department for help registering for appropriate courses.

• I am not enrolled full-time while my Change of Status application is pending either because my current status does not allow enrollment or I chose not to enroll. What are my enrollment requirements if my application is approved by the last day to add of the current term?

You are required to enroll full-time and follow face-to-face/hybrid requirements for the current term.

• I am not enrolled full-time while my Change of Status application is pending either because my current status does not allow enrollment or I chose not to enroll. What are my enrollment requirements if my application is not approved by the last day to add of the current term?

OIPS will defer your program start date to the next Fall or Spring term, whichever one comes first. Once the new term begins, we will register your F-1 SEVIS record and expect you to enroll full-time at that time. Speak to your immigration attorney if the start of your classes is more than 5 months away from your approval to determine if you should transfer to another school to begin enrollment earlier.

• I am enrolled in classes full-time while my Change of Status application is pending. What are my enrollment requirements if my application is approved by the last day to add?

Since you are already enrolled full-time, you may be meeting F-1 enrollment requirements. Check to make sure your current enrollment follows F-1 requirements and make any registration changes if necessary.

• I am enrolled in classes full-time while my Change of Status application is pending. What are my enrollment requirements if my application is not approved by the last day to add?

OIPS will defer your I-20 program start date to the 1^st day of the next month. As long as you continue to stay enrolled full-time with the required number of face-to-face/hybrid credits, we will continue to defer your start date to the first day of the month while your application is still pending, excluding the summer months: June 1, July 1, August 1. If your application is still pending on May 1, your start date will be deferred to the beginning of the Fall term.

• How does Premium Processing affect my Change of Status application and enrollment requirements?

Check with your immigration lawyer about the pros and cons of premium processing, which may lead to the approval of Change of Status application within a month, possibly a few weeks. (USCIS processing timelines may change). Remember that you must follow F-1 enrollment rules for the current term if your change of status application is approved by the last day to add (see the Enrollment and Deferral tab for examples).

Remember to pay attention to the 5-month rule (see the Enrollment and Deferral tab) and consult with your attorney if applicable.

• I plan to graduate in the same semester that my Change of status is approved.  Will I be eligible to apply for OPT?

If your change of status is approved by the 1^st day of May for Spring graduation or the 1^st day of December for Fall graduation, you will be considered to be in F-1 status as long as you have been enrolled full-time and meeting face-to-face/hybrid requirements. If you were in full-time degree status the previous academic term, you can request an OPT I-20 from OIPS and apply to USCIS for OPT since you will be in F-1 status at the time of your application. Review detailed OPT eligibility requirements at https://oips.gmu.edu/opt/.

• What do I need to submit to OIPS after I apply for Change of Status in the US?

After you and your attorney submit your petition to USCIS to change to F-1 status, you will receive an I-797 Receipt Notice.  You must submit this notice to OIPS within 60 days of receiving your Change of Status I-20.  OIPS will cancel the SEVIS record of any student who has not submitted the I-797 receipt notice by the 60-day deadline. Send the notice to [email protected].

• What do I need to submit upon USCIS approval of my F-1 status?

Once approved, you will receive an I-797 Approval Notice from USCIS.  Submit this approval notice to [email protected] within 3 days of receipt.