Skip to main content

How I can change to another nonimmigrant status?

The application procedures depend on the status of non immigrant you want to buy: • employment-based categories: If you want to change their status to one of the following categories of nonimmigrant employment-based, future employer must file a Form I-129, Application Nonimmigrant Worker, before your Form I-94 expires. This form serves two purposes, to demonstrate that: - You will perform the type of work covered by the new nonimmigrant classification for the claimant, and - You are eligible individuals to change their status. You can not start working on their new classification until we approve the change of status. E-1 or E-2 (Traders and investors who have made treaties and their employees) E-3 (Skilled professionals from Australia) H1B, H-2A H-2B or H-3 (Apprentices and temporary workers trained untrained) L-1A or L-1B (Transferred intracompany) O-1 or O-2 (Aliens with some skill extraordinary and their assistants) P-1, P-2 or P-3 (Athletes and Entertainers) Q-1 (international exchange visitors cultural) R-1 (Religious Representatives) TN-1 or TN-2 (Canadians and Mexicans under NAFTA) Each one of the categories listed above has limitations and specific requirements, including limitations of the period of time you can stay in this country. For more information, please contact the employer who has offered the use temporary or a counselor of immigration duly trained. Note that if your prospective employer sends a Form I-129 to change your status and your spouse or unmarried children under age 21 also want change their status, must submit a Form I-539, Application to extend / change nonimmigrant status. Note that all can be included in a single Form I-539. It is better to send the I-129 and I-539 together so they can be processed on nearby dates. Without But keep in mind that they are separate applications. By So you and your family (and your employer) should follow instructions and submit all documents with each of the requests, even when sending the forms together. • Other categories: If you want to change their status to any of the following nonimmigrant categories, you must submit a Form I-539: A (diplomats and other officials government, family members and employees) B-1 and B-2 (Visitors traveling on business or pleasure) E-1 and E-2 (Dependent of traders and investors who have made treaties and employees) E-3 (Dependants of skilled from Australia) F (Academic Students and their dependents) G (Foreign Government Officials and certain family members and their employees) H-4 (Dependent learners and workers temporary skilled or unskilled) K-3 and K-4 (Spouse of a citizen of the United States and its accompanying minor child / va to join him) L-2 (Dependent intracompany transfer) M (Vocational Students and their language and dependents) N (Parents and children of certain persons who have been granted special status immigrant) NATO (NATO representatives, officials, Employees and immediate family members) O-3 (with some foreign-Dependent extraordinary ability and their assistants) P-4 (Dependent athletes and artists) R-2 (Dependent of religious representatives) TD (Dependents of Canadian and Mexican under NAFTA) Note that all family members (spouse or wife and unmarried children under 21 years) who are asking exactly the same change of nonimmigrant category can be included on one Form I-539. Remember to send all necessary documents with your application. ¿I can change my status if my status has expired

Rate this guide

Recommended articles about Immigration

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer