How to Change from H-1B to F-1 Student Visa

Overview

Changing from H-1B worker status to F-1 student status is an option for those who want to return to school, have lost their job, or want to pursue a new career path. This guide covers the process, requirements, and important considerations for making this transition.

When to Consider H-1B to F-1 Change

• Job loss: You have 60 days grace period after H-1B termination to change status or leave
• Career change: You want to study a new field
• Advanced degree: You want to pursue a master’s or PhD
• Buying time: You need to stay in the U.S. while figuring out next steps
• H-1B cap issues: You weren’t selected in the H-1B lottery and want to stay

Eligibility Requirements

To change from H-1B to F-1, you must:

• Currently be in valid H-1B status (or within 60-day grace period)
• Have not violated your H-1B status
• Be accepted by a SEVP-certified school
• Prove financial ability to pay for tuition and living expenses
• Intend to be a full-time student
• Have a valid passport

Step-by-Step Process

1. Get accepted to a school: Apply and receive admission from a SEVP-certified institution
2. Obtain Form I-20: Contact the school’s DSO to issue your I-20
3. Pay SEVIS Fee: Pay the I-901 SEVIS fee ($350) at fmjfee.com
4. Prepare documents: Gather all required documents
5. File Form I-539: Submit online at USCIS.gov or by mail
6. Pay filing fee: $420 (online) or $470 (paper)
7. Wait for decision: Processing takes 3-6 months

Required Documents

Financial Requirements

You must prove you can pay for your education and living expenses:

• First year of tuition (check your I-20 for exact amount)
• Living expenses (typically $15,000-$25,000 per year)
• Expenses for any dependents (H-4 changing to F-2)

Acceptable evidence includes:

• Personal bank statements (last 3-6 months)
• Sponsor’s bank statements + Form I-134 Affidavit of Support
• Scholarship or assistantship award letters
• Loan approval letters

Filing Fees

H-4 Dependents

If you have H-4 dependents (spouse, children), they can change to F-2 status:

• Include them on your I-539 application (Form I-539A for each dependent)
• They do NOT need to pay the SEVIS fee
• They cannot work or study full-time on F-2 status

Processing Time

Standard processing takes approximately 3-6 months. During this time:

• You may remain in the U.S. while your application is pending
• You CANNOT work (your H-1B work authorization ends)
• You CANNOT begin full-time studies until F-1 is approved
• Avoid international travel

While Your Application is Pending

• DO: Maintain a valid U.S. address, respond to USCIS requests promptly, keep your passport valid
• DON’T: Work without authorization, leave the U.S. (this abandons your application), start full-time studies before approval

Alternative: Consular Processing

Instead of changing status in the U.S., you can:

1. Leave the United States
2. Apply for an F-1 visa at a U.S. embassy in your home country
3. Re-enter on F-1 status

Pros: Faster (2-4 weeks), get a fresh F-1 visa stamp

Cons: Requires travel, visa interview risk, costs of travel

Important Considerations

Impact on Green Card Process

If you have a pending I-140 or green card application:

• Changing to F-1 does not automatically abandon your green card process
• However, you must maintain immigrant intent carefully
• Consult an immigration attorney about your specific situation

Future H-1B Options

• If you’ve been counted against the H-1B cap before, you’re “cap-exempt” for 6 years
• You can return to H-1B status without going through the lottery again (within 6 years)
• After completing a U.S. master’s degree, you qualify for the advanced degree cap (extra 20,000 spots)

Common Questions

Can I study while my change of status is pending?

You can take classes part-time, but you should not enroll full-time until your F-1 status is approved.

What if my application is denied?

If denied, you must leave the U.S. or apply for another status. You can also apply for an F-1 visa at a U.S. consulate abroad.

Can I travel while my I-539 is pending?

No. Leaving the U.S. will abandon your pending application. Wait until you receive your approval.