I am a nonimmigrant C2 M 577


1 I am a C2 nonimmigrant How do I change to another nonimmigrant status? Nonimmigrant visas are issued to foreign nationals who intend How do I know if I am not eligible to change my a temporary (less than status in the United States? to remain in the United States for period. The period varies for different nonimmigrant permanent) If you were admitted in any of the following nonimmigrant categories. There are more than 40 nonimmigrant U.S. visa categories, you cannot change your nonimmigrant status and must categories; each is used for a different, but very specific purpose. depart the United States: 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 C (Alien in Transit) States. D (Crewman) We understand that plans can change. If your original reason for K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e)) coming to the United States changes, you may be required to Certain Husbands and Wives of U.S. Citizens and K-3 or K-4 change your nonimmigrant status to a different one before you their Dependent Children lawfully begin to engage in the activities you want to pursue. This guide contains information on how to apply for a change from your (Witness or Informant) S current nonimmigrant status to another nonimmigrant status while TWOV (Transit without Visa) you are in the United States. WT or WB (Under the Visa Waiver Program.) How do I know if I am eligible to change my status in the United States? If you were admitted in any of the following nonimmigrant You may apply to change your status in the United States if you: categories, there are certain restrictions concerning your ability to request a change in your nonimmigrant status: • Were lawfully admitted into the United States as a nonimmigrant; (Exchange Visitor subject to the 2-year foreign residence J-1 • You have not committed any act that would make you ineligible requirement cannot change status, with certain to receive an immigration benefit; exceptions) • There is no other factor that requires you to depart the M-1 (Vocational student cannot change status to F-1) United States prior to making a reentry based on a different (Vocational student cannot change status to any H classification (for example, a USCIS officer may determine that classification—if the vocational training helped him or her you should obtain a new visa prior to being readmitted into the qualify for the H classification) United States); and • You submit an application for a change of status by mail or you Please note: If you are in any of the above categories, you must before can file online using USCIS ELIS for a change of status depart the United States on or before the date your I-94 expires . the expiration date as shown on the admission stamp in your Form I-94 , Arrival-Departure Record. travel document on your (There are certain very limited circumstances under which USCIS will excuse a late submission.) Your passport must be valid for your entire requested period Please note: of stay in the new nonimmigrant classification in the United States. C2—I am a nonimmigrant...How do I change to another nonimmigrant status? 1 M-577B (January 2016) N PED.HDI.0116

2 Other Categories: How do I apply to change my nonimmigrant status? • Application procedures depend on the nonimmigrant status to which If you wish to change your status to one of the following you want to change: nonimmigrant categories, you should file Form I-539: • Employment-Based Categories: If you want to change your status to one of the following (Diplomatic and Other Government Officials, A employment-based nonimmigrant categories, your prospective Immediate Family members, and Employees) Petition for a employer , should file a Form I-129 B-1 (Visitors for Business or Pleasure) , before your Form I-94 expires. The Form Nonimmigrant Worker & B-2 I-129 serves two purposes to establish that: E-1 (Dependents of Treaty Traders, Treaty Investors, and – You will be performing the type of work covered by the new & E-2 Their Employees) nonimmigrant classification for the petitioner; and (Dependents of Skilled Professionals from Australia) E-3 – You personally meet the requirements for changing your status. You cannot begin work in the new classification until F (Academic Students and Dependents) we approve the change of status. G (Foreign Government Officials, Certain Immediate Family Members, and Employees) (Treaty Traders, Treaty Investors, and E-1 and E-2 H-4 (Dependents of Temporary Skilled or Unskilled Employees of Treaty Traders and Treaty Workers and Trainees) Investors) L-2 (Dependents of Intracompany Transferees) (Skilled Professionals from Australia) E-3 (Vocational Students and Dependents) M H-1B, H-2A, (Temporary Skilled or Unskilled Workers (Parents and Children of Certain People Who Have N H-2B, or H-3 and Trainees) Been Granted Special Immigrant Status) L-1A or L-1B (Intracompany Transferees) NATO (NATO Representatives, Officials, Employees, O-1 or O-2 (Aliens with Extraordinary Ability and Immediate Family Members) and Their Assistants) (Dependents of Aliens with Extraordinary Ability and O-3 (Athletes and Entertainers) P-1, P-2, or P-3 Their Assistants) Q-1 (International Cultural Exchange Visitors) (Dependents of Athletes and Entertainers) P-4 (Religious Workers) R-1 R-2 (Dependents of Religious Workers) (Canadians and Mexicans under the North TN-1 or TN-2 (Dependents of Canadians and Mexicans under the TD American Free Trade Agreement (NAFTA)) North American Free Trade Agreement (NAFTA)) Each of the above categories has specific requirements and All family members (spouse and unmarried children Please note: limits, including limits on the length of stay in this country. For under 21) who are requesting the exact same change in nonimmigrant more information, contact the employer who has offered you category can be included on one Form I-539. Remember to submit all temporary employment or qualified immigration counsel. required supporting documents with your application. Please note: If your prospective employer files a Form I-129 to change your status, and your spouse or unmarried children under Where can I file Form I-539? age 21 also want to change status to remain as your dependents, Application to Extend/Change , Form I-539 they need to file a At this time, we no longer accept new online filings of the Form Nonimmigrant Status . Note that they can all be included on one I-539. I-539, Application to Extend/Change Nonimmigrant Status. If you It is best to file the I-129 and I-539 forms together so that they can need to file a Form I-539 application, refer to the table below for be adjudicated about the same time. Remember, though, that they information on where to file by mail. You can also find additional are separate applications. Therefore, you and your family members information and instructions on our Form I-5399 page at http:// (and your employer) must follow the instructions and file all supporting www.uscis.gov/i-539. If you recently filed a Form I-539 online, you application, even when documents with each filing forms together. can still access your case electronically to respond to a request for evidence, check case status, and update your profile. C2—I am a nonimmigrant...How do I change to another nonimmigrant status? 2 M-577B (January 2016) N PED.HDI.0116

3 File Form I-539 by mail at these addresses: V Nonimmigrants USCIS CHICAGO LOCKBOX Filing Location Filing Type U.S. Postal Service: File at the USCIS Service Center with Filing Form I-539 with USCIS jurisdiction over Form I-129 as found on a principal’s Form P.O. Box 7219 I-129, Petition for a our Direct Filing Addresses for Form I-129 Chicago, IL 60680-7219 webpage http://www.uscis.gov/i-129- Nonimmigrant Worker (excluding CNMI addresses USPS Express Mail/Courier: residents) USCIS Attn: VKL H-4 Spouse of an H-1B USCIS DALLAS LOCKBOX FACILITY 131 South Dearborn-3rd Floor Nonimmigrant filing Form Chicago, IL 60603-5517 U.S. Postal Service (USPS): I-539 concurrently with Form I-765 for category USCIS T and U Nonimmigrants USPS/ Courier: (c)(26). PO Box 660921 U.S. Citizenship and Immigration Services Dallas, TX 75266 Attn: T/U-Visa Unit File with the USCIS For Express Mail and courier deliveries: 75 Lower Weldon St. Dallas Lockbox Facility St. Albans, VT 05479-0001 USCIS if the receipt number Attn: H4 of your H-1B principal Change of Status to A, G Mail Form I-539 through your embassy, 2501 S. State Hwy. 121 Business spouse’s most recent and NATO (for embassy, international organization, or NATO to: Suite 400 Form I-797 Notice of international organization, Lewisville, TX 75067 Approval for Form I-129 U.S. Department of State or NATO employment) EAC . begins with Office of Protocol USCIS PHOENIX LOCKBOX FACILITY 3507 International Place, NW USCIS File with the Suite 242 U.S. Postal Service (USPS): Phoenix Lockbox Washington, D.C. 20008 if the receipt Facility USCIS number of your H-1B P.O. Box 20400 Mail Form I-539 through the foreign Change of status to G principal spouse’s most Phoenix, AZ 85036 classification (for foreign government’s mission or the U.N. Secretariat recent Form I-797 Notice to: government’s mission For Express mail and courier deliveries: of Approval for Form to the U.N. or U.N. I-129 begins with WAC . U.S. Mission to the United Nations Secretariat employment) USCIS 799 United Nations Plaza Attn: H4 New York, NY 10017 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 NATO/HQ SACT Legal Affairs Dependent spouse/child 7857 Blandy Road change of status to a Suite 100 NATO classification based Residents of the U.S. Postal Service: Norfolk, VA 23551 on a principal NATO Commonwealth of the USCIS California Service Center nonimmigrant Northern Mariana Islands ATTN: CNMI I-539 [insert classification (CNMI) requested] You or the principal NATO Your embassy for proper filing through official P.O. Box 10698 diplomatic channels. nonimmigrant through Laguna Niguel, CA 92607-1098. whom you derive your status are posted at a national component or as USPS Express Mail/Courier: an exchange officer. USCIS California Service Center ATTN: CNMI I-539 [insert classification Your embassy, international organization, Extensions of stay for requested] A-3, G-5, or NATO-7 or NATO command for proper filing through 24000 Avila Road, 2nd Floor, official diplomatic channels. nonimmigrants: Room 2312 Laguna Niguel, CA 92677 All other Forms I-539, USCIS DALLAS LOCKBOX including: U.S. Postal Service: P-4 Dependents of Major U.S. Postal Service, USPS Express Mail, Change of status from A, League Sports, Athletes, and Courier: USCIS G, or NATO classifications or Support Personnel P.O. Box 660166 USCIS Vermont Service Center to another nonimmigrant Dallas, TX 75266 Attn: I-539 classification; or, 75 Lower Welden Street A Form I-539 filed USPS Express Mail/Courier: St. Albans, VT 05479 separately from a USCIS principal’s Form I-129, ATTN: I-539 with the exception U.S. Postal Service, USPS Express Mail, Extensions of stay for T 2501 S. State Highway 121 Business of Form I-539 filed and Courier: nonimmigrant status or U Suite 400 concurrently with Form nonimmigrant status USCIS Vermont Service Center Lewisville, TX 75067 I-765 under category (c) Attn: Humanitarian Division (26). 75 Lower Welden Street St. Albans, VT 05479 For more information about how to file using USCIS ELIS, please . www.uscis.gov/uscis-elis visit our Web page at C2—I am a nonimmigrant...How do I change to another nonimmigrant status? 3 M-577B (January 2016) N PED.HDI.0116

4 Can I get a change of status if my authorized stay in my In addition, any nonimmigrant visa in your passport granted in current status has already expired? connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate If your status expired before you filed an application with USCIS in your home country (not a third country, except in rare instances to change your status, or if you have otherwise violated the terms as determined by the U.S. Department of State). 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 After I file, how can I check the status of my change control. Staying longer than the period for which you were granted of status application? admission may also negatively affect your ability to obtain other Filing Paper-based Form I-539 • benefits or to return to the United States later. If you fall out of After you file, we will mail you a receipt. This receipt will status, we recommend that you leave the United States to limit the provide a number assigned to track your application, as well possible impact on your ability to come back to the United States in as the estimated processing time. Your receipt will also give the future. instructions on how you can use this receipt number to check Filing using USCIS ELIS is a simple and fast way to file. Please note: 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 When should I file, and how long will it take to process my Available After I File?) application? If you recently filed a Form I-539 online • Our processing times can vary. You may check our Web site, You created an account. You can still access your case , for our current processing times. We recommend www.uscis.gov electronically to respond to a request for evidence, check case that you apply at least 45 days before your I-94 expires. status, and update your profile. If I am eligible for a change of status and file on time, will my application be approved? Key Information A change in status is not automatic. We will look at your situation, Key USCIS forms referenced in this Form # your current status, the reasons you want to change your status, guide 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 I-94 Arrival-Departure Record application. If we grant it, we will also decide how long to extend I-94W Nonimmigrant Visa Waiver Arrival-Departure your stay in the new nonimmigrant status. We will only grant a Record change of status for a reason that is consistent with the terms of the requested status, or where circumstances indicate a change is Petition for a Nonimmigrant Worker I-129 warranted. Application to Extend/Change Nonimmigrant I-539 Status When can I engage in the activities under the new nonimmigrant status for which I am applying? Other U.S. Government Services–Click or Call we approve your application after You may do so only General (800) 333-4636 www.usa.gov for change of status. Information www.welcometoUSA.gov New Immigrants What if I file for change of status on time but USCIS does not make a decision before my I-94 expires? www.state.gov (202) 647-6575 U.S. Dept. of State 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 For more copies of this guide, or information about other customer discretion, USCIS will defer any removal proceedings until after guides, please visit www.uscis.gov/howdoi . the petition is adjudicated and USCIS decides your change of nonimmigrant status request. Nevertheless, DHS may bring a You can also visit www.uscis.gov to download forms, e-file some removal proceeding against you, even if you have an application for applications, check the status of an application, and more. It’s a change of status pending. great place to start! Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of If you don’t have Internet access at home or work, try your local inadmissibility under section 212(a)(9)(B) of the Act, while your library. change of status application is pending if it was filed prior to the Customer Service If you cannot find what you need, please call expiration of your Form I-94. Hearing Impaired TDD Customer Service: at: (800) 375-5283 If your application for a change of status is approved, the change (800) 767-1833 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 Disclaimer: This guide provides basic information to help you become generally considered to have been lawful. 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 If your application is denied, you may be required to depart the is impossible to describe every aspect of every process. You may wish to be United States immediately. represented by a licensed attorney or by a nonprofit agency accredited by the Board of Immigration Appeals. C2—I am a nonimmigrant...How do I change to another nonimmigrant status? 4 M-577B (January 2016) N PED.HDI.0116

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