1 C2—I am a nonimmigrant...How do I change to another nonimmigrant status?

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I am a

nonimmigrant C2

How do I change to 

another nonimmigrant status?

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 

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 by mail or you 

can file online using USCIS ELIS for a change of status before

the expiration date as shown on the admission stamp in your 

travel document 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 (Alien in Transit) 

D (Crewman)

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

K-3 or K-4 Certain Husbands and Wives of U.S. Citizens and 

their Dependent Children

S (Witness or Informant) 

TWOV (Transit without Visa)

WT or WB (Under the Visa Waiver Program.)

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 cannot change status to F-1) 

(Vocational student cannot change status to any 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.
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How do I apply to 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 a 

Nonimmigrant Worker, before your Form I-94 expires. The Form 

I-129 serves two purposes to establish that:

– You will be performing the type of work covered by the new 

nonimmigrant classification for the petitioner; and

– You personally meet the requirements for changing your 

status. You cannot begin work in the new classification until 

we approve the change of status.

E-1 and E-2 (Treaty Traders, Treaty Investors, and 

Employees of Treaty Traders and Treaty 

Investors)

E-3 (Skilled Professionals from Australia)

H-1B, H-2A, 

H-2B, or H-3

(Temporary Skilled or Unskilled Workers 

and Trainees)

L-1A or L-1B (Intracompany Transferees)

O-1 or O-2 (Aliens with Extraordinary Ability 

and Their Assistants)

P-1, P-2, or P-3 (Athletes and Entertainers)

Q-1 (International Cultural Exchange Visitors)

R-1 (Religious Workers)

TN-1 or TN-2 (Canadians and Mexicans under the North 

American Free Trade Agreement (NAFTA))

Each of the above categories has specific requirements and 

limits, including limits on the length of stay in this country. For 

more information, contact the employer who has offered you 

temporary employment or qualified immigration counsel.

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 can 

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 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

& B-2 (Visitors for Business or Pleasure)

E-1

& E-2

(Dependents of Treaty Traders, Treaty Investors, and 

Their Employees)

E-3 (Dependents of Skilled Professionals from Australia)

F (Academic Students and Dependents) 

G (Foreign Government Officials, Certain Immediate 

Family Members, and Employees)

H-4 (Dependents of Temporary Skilled or Unskilled 

Workers and Trainees)

L-2 (Dependents of Intracompany Transferees) 

M (Vocational 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)

O-3 (Dependents of Aliens with Extraordinary Ability and 

Their Assistants)

P-4 (Dependents of Athletes and Entertainers)

R-2 (Dependents of Religious Workers)

TD (Dependents of Canadians and Mexicans under the 

North American Free Trade Agreement (NAFTA))

Please note: All family members (spouse and unmarried children 

under 21) who are requesting the exact same change in nonimmigrant 

category can be included on one Form I-539. Remember to submit all 

required supporting documents with your application.

Where can I file Form I-539?

At this time, we no longer accept new online filings of the Form 

I-539, Application to Extend/Change Nonimmigrant Status. If you 

need to file a Form I-539 application, refer to the table below for 

information on where to file by mail. You can also find additional 

information and instructions on our Form I-5399 page at http://

www.uscis.gov/i-539. If you recently filed a Form I-539 online, you 

can still access your case electronically to respond to a request for 

evidence, check case status, and update your profile.
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File Form I-539 by mail at these addresses:

Filing Type Filing Location

Filing Form I-539 with 

a principal’s Form 

I-129, Petition for a 

Nonimmigrant Worker 

(excluding CNMI 

residents)

File at the USCIS Service Center with 

jurisdiction over Form I-129 as found on 

our Direct Filing Addresses for Form I-129 

webpage http://www.uscis.gov/i-129-

addresses

H-4 Spouse of an H-1B 

Nonimmigrant filing Form 

I-539 concurrently with 

Form I-765 for category 

(c)(26).

File with the USCIS 

Dallas Lockbox Facility

if the receipt number 

of your H-1B principal 

spouse’s most recent 

Form I-797 Notice of 

Approval for Form I-129 

begins with EAC.

File with the USCIS 

Phoenix Lockbox 

Facility if the receipt 

number of your H-1B 

principal spouse’s most 

recent Form I-797 Notice 

of Approval for Form 

I-129 begins with WAC.

USCIS DALLAS LOCKBOX FACILITY

U.S. Postal Service (USPS):

USCIS

PO Box 660921

Dallas, TX 75266

For Express Mail and courier deliveries:

USCIS

Attn: H4

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067

USCIS PHOENIX LOCKBOX FACILITY

U.S. Postal Service (USPS):

USCIS

P.O. Box 20400

Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS

Attn: H4

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ 85034

Residents of the 

Commonwealth of the 

Northern Mariana Islands 

(CNMI)

U.S. Postal Service:

USCIS California Service Center

ATTN: CNMI I-539 [insert classification 

requested]

P.O. Box 10698

Laguna Niguel, CA 92607-1098.

USPS Express Mail/Courier:

USCIS California Service Center

ATTN: CNMI I-539 [insert classification 

requested]

24000 Avila Road, 2nd Floor, 

Room 2312

Laguna Niguel, CA 92677

P-4 Dependents of Major 

League Sports, Athletes, 

or Support Personnel

U.S. Postal Service, USPS Express Mail, 

and Courier:

USCIS Vermont Service Center

Attn: I-539

75 Lower Welden Street

St. Albans, VT 05479

Extensions of stay for T 

nonimmigrant status or U 

nonimmigrant status

U.S. Postal Service, USPS Express Mail, 

and Courier:

USCIS Vermont Service Center

Attn: Humanitarian Division

75 Lower Welden Street

St. Albans, VT 05479

V Nonimmigrants USCIS CHICAGO LOCKBOX

U.S. Postal Service:

USCIS

P.O. Box 7219

Chicago, IL 60680-7219

USPS Express Mail/Courier:

USCIS

Attn: VKL

131 South Dearborn-3rd Floor

Chicago, IL 60603-5517

T and U Nonimmigrants USPS/ Courier:

U.S. Citizenship and Immigration Services

Attn: T/U-Visa Unit

75 Lower Weldon St.

St. Albans, VT 05479-0001

Change of Status to A, G 

and NATO (for embassy, 

international organization, 

or NATO employment)

Mail Form I-539 through your embassy, 

international organization, or NATO to:

U.S. Department of State

Office of Protocol

3507 International Place, NW

Suite 242

Washington, D.C. 20008

Change of status to G 

classification (for foreign 

government’s mission 

to the U.N. or U.N. 

Secretariat employment)

Mail Form I-539 through the foreign 

government’s mission or the U.N. Secretariat 

to:

U.S. Mission to the United Nations

799 United Nations Plaza

New York, NY 10017

Dependent spouse/child 

change of status to a 

NATO classification based 

on a principal NATO 

nonimmigrant

NATO/HQ SACT Legal Affairs

7857 Blandy Road

Suite 100

Norfolk, VA 23551

You or the principal NATO 

nonimmigrant through 

whom you derive your 

status are posted at a 

national component or as 

an exchange officer. 

Your embassy for proper filing through official 

diplomatic channels.

Extensions of stay for 

A-3, G-5, or NATO-7 

nonimmigrants: 

Your embassy, international organization, 

or NATO command for proper filing through 

official diplomatic channels.

All other Forms I-539, 

including:

Change of status from A, 

G, or NATO classifications 

to another nonimmigrant 

classification; or,

A Form I-539 filed 

separately from a 

principal’s Form I-129, 

with the exception 

of Form I-539 filed 

concurrently with Form 

I-765 under category (c)

(26). 

USCIS DALLAS LOCKBOX

U.S. Postal Service:

USCIS

P.O. Box 660166

Dallas, TX 75266

USPS Express Mail/Courier:

USCIS

ATTN: I-539

2501 S. State Highway 121 Business

Suite 400

Lewisville, TX 75067

For more information about how to file using USCIS ELIS, please 

visit our Web page at www.uscis.gov/uscis-elis. 
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Can I get a change of status if my authorized stay in my 

current status has already expired?

If your status expired before you filed an application with USCIS 

to change your status, or if you have otherwise violated the terms 

of your status (such as by working without authorization), then 

you are “out of status.” If you fall out of status, we cannot change 

your status except in certain limited circumstances beyond your 

control. Staying longer than the period for which you were granted 

admission may also negatively affect your ability to obtain other 

benefits or to return to the United States later. If you fall out of 

status, we recommend that you leave the United States to limit the 

possible impact on your ability to come back to the United States in 

the future.

Please note: Filing using USCIS ELIS is a simple and fast way to file.

When should I file, and how long will it take to process my 

application?

Our processing times can vary. You may check our Web site, 

www.uscis.gov, for our current processing times. We recommend 

that you apply at least 45 days before your I-94 expires.

If I am eligible for a change of status and file on time, will 

my application be approved?

A change in status is not automatic. We will look at your situation, 

your current status, the reasons you want to change your status, 

and the reasons you did not apply for this kind of visa before you 

first entered. Then we will decide whether or not to grant your 

application. If we grant it, we will also decide how long to extend 

your stay in the new nonimmigrant status. We will only grant a 

change of status for a reason that is consistent with the terms of 

the requested status, or where circumstances indicate a change is 

warranted.

When can I engage in the activities under the new 

nonimmigrant status for which I am applying?

You may do so only after we approve your application 

for change of status.

What if I file for change of status on time but USCIS does 

not make a decision before my I-94 expires?

Your lawful nonimmigrant status ends and you are out of status 

when your Form I-94 expires, even if you have timely applied 

to change your nonimmigrant status. Generally, as a matter of 

discretion, USCIS will defer any removal proceedings until after 

the petition is adjudicated and USCIS decides your change of 

nonimmigrant status request. Nevertheless, DHS may bring a 

removal proceeding against you, even if you have an application for 

change of status pending.

Even though you are not actually in a lawful nonimmigrant 

status, you do not accrue “unlawful presence” for purposes of 

inadmissibility under section 212(a)(9)(B) of the Act, while your 

change of status application is pending if it was filed prior to the 

expiration of your Form I-94.

If your application for a change of status is approved, the change 

of status will relate back to the date your Form I-94 expired, and 

your status during the pendency of your application will then be 

considered to have been lawful.

If your application is denied, you may be required to depart the 

United States immediately.

In addition, any nonimmigrant visa in your passport granted in 

connection with your classification becomes void. Once your visa is 

void, you must submit any new visa application at a U.S. consulate 

in your home country (not a third country, except in rare instances 

as determined by the U.S. Department of State).

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

of status application?

• Filing Paper-based Form I-539

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 on how you can use this receipt number to check 

the status of your case on our Web site. You can also use the 

general information available in the Customer Guide F1, 

(General Information...How Do I... Know What Services Are 

Available After I File?)

• If you recently filed a Form I-539 online

You created an account. You can still access your case 

electronically to respond to a request for evidence, check case 

status, and update your profile.

Key Information

Key USCIS forms referenced in this 

guide 

Form #

Arrival-Departure Record I-94 

Nonimmigrant Visa Waiver Arrival-Departure 

Record

I-94W

Petition for a Nonimmigrant Worker I-129

Application to Extend/Change Nonimmigrant 

Status

I-539

Other U.S. Government Services–Click or Call

General 

Information

www.usa.gov (800) 333-4636

New 

Immigrants

www.welcometoUSA.gov

U.S. Dept. of 

State

www.state.gov (202) 647-6575

For more copies of this guide, or information about other customer 

guides, please visit www.uscis.gov/howdoi. 

You can also visit www.uscis.gov to download forms, e-file some 

applications, check the status of an application, and more. It’s a 

great place to start!

If you don’t have Internet access at home or work, try your local 

library. 

If you cannot find what you need, please call Customer Service 

at: (800) 375-5283 Hearing Impaired TDD Customer Service: 

(800) 767-1833

Disclaimer: This guide provides basic information to help you become generally 

familiar with our rules and procedures. For more information, or the law and 

regulations, please visit our Web site. Immigration law can be complex, and it 

is impossible to describe every aspect of every process. You may wish to be 

represented by a licensed attorney or by a nonprofit agency accredited by the 

Board of Immigration Appeals.