Change and Extension of Status Lawyer

Immigration » Change and extension of status

If you are in the United States on a temporary visa, you may be able to extend your stay or change to a different status without leaving the country. These requests must be filed on time and with the right evidence, and USCIS has strict rules about when they are allowed.

Extension of stay or change of status?

Extension of stay: asking to stay longer in the same status, for example a visitor, student or dependent filing Form I-539, or an employer filing Form I-129 to extend a worker’s status.
Change of status: switching to a different status, for example from F-1 student to H-1B, from H-4 to F-1, or from B-2 visitor to F-1 student.
Both are decided by USCIS, not by a consulate, and a change of status does not give you a new visa stamp for international travel.

Common situations we handle

F-1 students moving from OPT to H-1B, including cap-gap questions
Spouses changing between H-4, F-1 and other statuses
Visitors who need to extend their stay on Form I-539
Workers changing employers or visa categories
People who lost a job and are within a grace period, which is generally up to 60 days for certain work visas
Dependents who turn 21 and lose eligibility
People who have fallen out of status and need to understand reinstatement or other options

Rules that catch people off guard

File before your authorized stay, shown on your I-94 record, expires. Late filing is accepted only in limited cases.
Working or studying outside the terms of your status can disqualify you.
Leaving the United States while a request is pending can, in many cases, abandon the application.
Filing a change of status soon after entering as a visitor can raise concerns that you misrepresented your intentions.
Staying while a timely request is pending is generally allowed, but that is not the same as work authorization.

Frequently asked questions

Can I work while my change of status is pending?

Not automatically. Whether you can work depends on your current status and the status you are requesting, so ask us before you start.

How long does it take?

USCIS processing times vary by form and office. Premium processing is available for some employment-based petitions for an additional fee.

Do I need a new visa to travel after approval?

In most cases yes. A change of status updates your status inside the United States but not your visa, so you need a visa stamp to re-enter after international travel.

What if I already fell out of status?

The options may include reinstatement, a different status, or leaving and re-entering, depending on your history. We review your facts before recommending a path.

How we work with clients nationwide

We represent clients in all 50 states because immigration law is federal. Every client receives access to our secure client portal, where you can message our firm 24/7, upload documents and follow your case from anywhere. The Law Office of Elena Vlady, PLLC is based in Austin, Texas.

Change of status guide

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This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, fees and processing times change often. Last updated: November 2026.

Last updated:

November 12, 2026