Indians who enter the US on a temporary visa and later decide to study, work or pursue another permitted purpose may be able to change their nonimmigrant status without leaving the country. But US Citizenship and Immigration Services (USCIS) says there are strict eligibility requirements, and simply filing a status-change application does not mean the new status has been approved.
The USCIS guidance is particularly relevant for Indian visitors who may change their plans after arriving in America. Someone who enters the US as a tourist, for example, may later decide to pursue studies. In such cases, the person must generally apply to change their nonimmigrant status before their authorized stay expires.
Can Indians change their US visa status from inside America?
In general, USCIS says a person can apply to change their nonimmigrant status if they were lawfully admitted to the US, their current status remains valid, they have not violated its conditions and they have not committed a crime that would make them ineligible.
The timing is important. USCIS says applicants should apply as soon as they determine that they need to change to another nonimmigrant category.
{{/usCountry}}The timing is important. USCIS says applicants should apply as soon as they determine that they need to change to another nonimmigrant category.
{{/usCountry}}But there is a major point Indians need to understand: filing the application is not the same as getting approval.
Until USCIS approves the request, applicants should not assume they have the new status. They also should not begin activities permitted under that new category.
For example, an Indian who entered the US as a tourist cannot simply start attending school after submitting an application to change to student status. USCIS says the applicant should wait until the change has been approved.
The person must also continue complying with the conditions of their existing status. Failure to maintain status can lead to serious immigration consequences, including being barred from returning to the US or being removed.
Check the I-94 before making a move
For Indians considering a status change, the authorized stay is another crucial factor.
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USCIS says the authorized status and the date the status expires are shown on Form I-94, Arrival-Departure Record. A request to change status must generally be filed before the authorized stay expires.
This means having a valid US visa sticker in an Indian passport is not, by itself, enough to determine how long a person can remain in America. The relevant authorized-stay information is recorded in the I-94.
Who cannot change status?
USCIS says people admitted under certain categories generally cannot apply to change their nonimmigrant status.
These include people admitted through the Visa Waiver Program, crew members in D status, people in transit through the US in C status, certain K-category entrants and S-category informants.
There are also special restrictions for M-1 vocational students. An M-1 student cannot change to F-1 academic student status and generally cannot change to H status if their US vocational training provided the qualifications for the temporary-worker position they are seeking.
J-1 exchange visitors also face additional restrictions. Those admitted for graduate medical training generally cannot change status unless they receive a special waiver. J-1 visitors subject to the foreign-residence requirement also face restrictions unless they obtain a waiver.
What about Indian students and dependents?
USCIS also lists circumstances in which certain family members can attend school without separately applying to change their status.
For example, spouses and children of people lawfully admitted in certain categories, including H, E, G, I, J, L, F and M classifications, may attend school under the applicable rules.
There is also an exception for B-1 business visitors. USCIS says a person admitted for business can remain in the US for pleasure before their authorized stay expires without applying to change their nonimmigrant status.