Great news for applicants pending a change of status!

The new policy announced by USCIS on July 20 eliminates the need for individuals who have applied for a change of status (or COS) to F-1 student to apply for additional extensions while their initial COS F-1 application is pending, which will reduce the workload and costs for both applicants and USCIS.

Under the previous policy, applicants were required to maintain status until 30 days prior to the program start date listed on their Form I-20 issued by the Academic institution, which required them to file extensions, or an initial COS and subsequent extensions to ensure they would not have a “gap” in status.

To avoid a “gap” in status, USCIS plans to grant the change of status to F-1 as of the day they approve the Form I-539, Application to Extend/Change Nonimmigrant Status. And if they approve the application more than 30 days before the student’s program start date, the student must ensure that they do not violate their F-1 status during that time. A violation would be engaging in employment, including on-campus employment, more than 30 days prior to the program start date as indicated on the Form I-20.

USCIS is currently revising the instructions related to Form I-539.

For more information on this topic or to request a change of status or extension of stay please contact us.