Aliens holding nonimmigrant status C, D, K, WB or WT (transit, crewman,
fiancée or fiancé, waiver business, or waiver tourist) are not eligible for
change to any other status within the U.S., including J-1. A J-2 who is
subject to the 212(e) home residence requirement may not change from J-2 to
J-1 status in the United States.
Aliens who are in good standing in any other
nonimmigrant classification may apply to change to any other nonimmigrant
status for which they qualify. In any application
for change of status, the alien should explain satisfactorily why he or she
did not originally enter the U.S. in the status now being requested. A
change of circumstances or intention should be documented or explained to
make the application acceptable. USCIS may deny a request by an F-1 student
to change to J-1 Student status if the adjudicating officer believes that
the reason for the change is principally to enable the dependents to apply
for permission to accept employment.
Generally, nonimmigrants who have filed a timely application for change
of status to a different nonimmigrant status or have filed an application
for extension of stay can remain in the United States while their
application is being adjudicated by USCIS. This assumes that the person was
in valid nonimmigrant status when he or she filed the application, and that
the current nonimmigrant status of the applicant will continue to be valid
up until the date that the new status is requested to begin.
To apply for a change of status, the alien must submit to the appropriate
USCIS Service Center: