Change of Status
Please note that the following information is meant to be used only by Florida State
University faculty, staff, students, and potential visitors to Florida State University
and only in the context of international visits to FSU specifically. It is not intended
to be used and should not be construed as general legal advice.
For those changing to J status, it is important to note that a DS-2019 form alone does not
confer immigration status. Only the I-94, as issued by USCIS or a U.S. Port of Entry, gives
one their immigration status.
In order to change status, one must file an I-539 form, along with a DS-2019 form and
appropriate documentation as indicated in the instructions for the form. The I-539 form
is located on the USCIS web site at
http://uscis.gov/graphics/formsfee/forms/i-539.htm.
Change of Status normally takes 2-4 months.
Students in F-1 student status changing to J-1 student status may study while the change
of status is pending, as both immigration statuses allow study. The student can be allowed
to work on campus as well, but once J status is approved, a written work authorization from
the International Center is required. Employment under J-1 status always requires written
authorization.
For a discussion on changing to J-1 research scholar status, please see our web site at
Change of Status for scholars.
This could apply to F-1 students on OPT changing to J-1 status in order to complete
post-doctoral research.
Students in J-1 status may not change to the research scholar category immediately after
their studies, due to the one-year bar.
They may also be barred from H status, L status, or permanent residency due to the
two-year residence rule. The
International Center can provide guidance on whether or not a particular student is subject
to the two-year residence rule. Most J-1 students are subject due to government financing,
but some may be eligible for a waiver of the rule.
J-2 dependents with employment authorization documents and those hiring J-2 dependents
should be aware that the length of the J-2 holder's stay is dependent upon the primary J-1
holder's status. Once the primary J-1 holder has completed or ended their program, the J-2
holder's status also ends (even though all their documentation may appear valid). If the
dependent ceases to be eligible for J-2 dependent status (through divorce, the J-1 ending
their program of research or permanently departing the U.S., or children turning 21), they
are no longer eligible for J-2 employment benefits either. They must change status, if
eligible, to continue work. J-2 dependents are subject to the same two-year residence
rules as the primary J-1, though, and, if subject, must obtain a waiver before applying for
H status, L status, or permanent residency.
» Click here for Change of Status Information and Checklist
All forms are available in alternative format upon request.