Status change and extension application

Status change and extension application

Generally, you can change to a non-immigrant visa if:
1) You have legally entered the United States on a non-immigrant visa;
2) The non-immigrant visa is valid (period remaining)
3) If you have not violated the conditions of your stay and have not committed any criminal acts that would result in denial of entry

– Change from tourist visa
Your plans may change while visiting the US on a business or tourist visa. There may be situations where you will be staying longer than originally planned, or you may be working or studying for a short period of time. In this case, you will apply for a change of status to the immigration office.

To apply for status change or extension, you must prove the following:

Intention to stay in the United States only for the authorized period
Being in the U.S. for business, travel, or medical treatment
There are no financial problems while staying in the United States
A statement explaining why you are requesting a change or extension of status
At the end of the period, the intention to return to Korea where economic and social ties are established
Precautions
The Immigration Service recommends applying for a change or extension 60 days before the end of the residence permit period, but this may not be possible in some cases.

– Change from tourist visa to student visa
Letter of acceptance from a school accredited by the Department of Immigration and Citizenship (SEVP)
Issuance of I-20
I-901 SEVIS Payment
Apply for a change of status (Form I-539) with the necessary documents to the Immigration Department.
B-1, B2 Special Guidelines
As a new guideline, before that, even if the period of sojourn expired during the pending status change, it was approved without any problems. . Therefore, since it takes more than 3 months to change status now, most of them must apply for a new B-1 or B-2 extension. If the period of sojourn ends without applying for an extension at this time, the change of status will not be approved.

caution:

You cannot take classes until your student status change is approved. If USCIS learns that you were enrolled in school prior to approval, your status change will be denied.
You must maintain your current tourist/business visa until you change your student status.
If your tourist visa expires before approval, it will most likely be denied, although you can legally reside in the United States during the review process. And if you receive a visa change refusal notice, you must leave the United States immediately.
If there is a high probability that your status change will be rejected, it may be better to go to Korea and get a student visa and enter the United States.
– If you are not eligible for status change
If you are not eligible for a student visa change while staying in the US, you can apply for a student visa at the US Embassy in Korea.

– Change to short-term work visa
When changing from a student status to a short-term work visa, the employer must sponsor the applicant and file a petition.

– In case of J-1 (international exchange visit) visa
If you are a holder of an International Exchange Visitor (J-1) visa, you may not be able to change your status to non-immigrant status in the following circumstances.

Entering the United States to receive postgraduate medical training without special exemption
In the case of a J-1 visa that requires residence in the home country without special exemption
– Status extension
If you wish to extend your U.S. visa while in the U.S., you must apply for a change of status (Form I-539) to the U.S. Citizenship and Immigration Service before your permit period expires. If you live in the United States beyond the permitted period, you may be banned from re-entry or deported from the United States.

Judging Criteria:
USCIS will review the following:

A definite plan to leave the United States after the extension period is over
A definite residence abroad that the applicant will not give up
Whether the applicant has applied for change before the period of sojourn expires
Whether the applicant has not worked in the United States without permission
Whether the applicant has sufficient funds to stay in the United States
caution:

USCIS recommends that you apply for an extension at least 45 days prior to the end of your stay, but the USCIS service center must receive your change request before your stay expires.

  If your visa extension is approved;
If your extension application is approved, you will receive a new I-94 with a new stay date.

       2. If your visa extension is denied:

If your extension application is denied, you will receive a letter explaining why it was denied and you must leave the United States immediately.