Change of Status Lawyer
‍Expert Legal Guidance from Kulen Law Firm

What Is a Change of Status (COS)?

A Change of Status (COS) allows nonimmigrants to switch from one temporary visa classification to another while remaining in the U.S. without having to depart and apply from their home country. This process is typically completed by filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS. In some instances, such as changing status to a work visa, you will need to file Form I-129 and request change of status within the U.S.

At Kulen Law Firm, our change of status attorneys provide comprehensive legal support, helping clients submit strong applications with all necessary documentation. Our team also assists in responding to Requests for Evidence (RFEs) and handling complex cases that require expert legal guidance.

Who Qualifies for a Change of Status?

Not all visa holders in the U.S. are eligible to apply for a Change of Status (COS). To successfully transition from one visa category to another, you must meet U.S. Citizenship and Immigration Services (USCIS) eligibility criteria. At Kulen Law Firm, our change of status lawyers carefully assess your situation to determine whether you qualify and help you avoid common legal pitfalls.

General Eligibility Criteria for COS

To apply for a Change of Status, you must:

• Be lawfully present in the U.S. with a valid nonimmigrant visa.
• ‍Ensure your current status has not expired at the time of filing.
• ‍Have no violations of U.S. immigration laws (such as unauthorized work or overstaying a visa).
• ‍Submit a complete COS application before your authorized stay expires (as indicated on your I-94).
• ‍Meet the specific requirements for the new visa category you are applying for.

Common Change of Status Situations We Handle

At Kulen Law Firm, our immigration attorneys assist clients with a variety of status changes, ensuring a smooth transition while remaining compliant with U.S. immigration laws.

B1/B2 Tourist Status → Other Statuses:

• B1/B2 Status → F1 Student Status
  • (for individuals wishing to study in the U.S.).
• ‍B1/B2 Status → E2 Investor Status
  • (for individuals wishing to invest and conduct business in the U.S.).
• ‍B1/B2 Status → L-1 Status
  • (for international managers transitioning to intracompany transfers).
• ‍B1/B2 Status → O-1 Status
  • (for individuals with extraordinary abilities in arts, sciences, education, or business).

F1 Student Status → Other Statuses:

• ‍F1 Status → H-1B Work Status
  • (for graduates transitioning to employment in the U.S.).
• ‍F1 Status → E2 Investor Status
  • (for students wishing to invest and conduct business in the U.S.).
• ‍F1 Status → B1/B2 Tourist Status
  • (for students wishing to travel or remain in the U.S. a little longer).
• ‍F1 Status → O-1 Status
  • (for students who can prove extraordinary ability in their field).

Other Change of Status Applications:

• ‍H-1B Work Status → L-1 or O-1 Status
  • (for professionals and extraordinary ability workers).
• ‍Other Work or Business Statuses → E2 Investor Status
  • (for entrepreneurs transitioning to investment-based status).
• ‍E2 Investor Status → Other Work or Business Statuses
  • (for individuals changing to a different employment-based status).
• ‍Temporary Status Holders → Dependent Status (H-4, L-2, F-2, etc.)
  • (for spouses and dependents of primary status holders).

If you are unsure whether you qualify for a Change of Status, our change of status attorneys can evaluate your case and provide strategic legal advice.

Who Does Not Qualify for a Change of Status?

While many visa holders can apply for a Change of Status (COS), certain individuals are not eligible under U.S. Citizenship and Immigration Services (USCIS) regulations. At Kulen Law Firm, our experienced change of status lawyers assess your eligibility and help you understand alternative legal options if COS is not available in your situation.

Nonimmigrants Who Cannot Apply for a Change of Status

You may not qualify for a Change of Status if you:

• ‍Entered the U.S. under the Visa Waiver Program (VWP) – VWP entrants are not allowed to change status and must leave before their authorized stay expires.
• ‍Were admitted as a crew member (D visa) – Crew members on ships or airlines are not eligible for COS.
• ‍Hold a C visa (Transit Visa) – Transit visa holders cannot change to another nonimmigrant status.
• ‍Have a K-1 or K-2 Fiancé(e) Visa – Fiancé(e) visa holders must follow the designated process for adjustment of status after marriage.
• ‍Are in Removal or Deportation Proceedings – Those facing deportation generally cannot change their status within the U.S.
• ‍Did not maintain valid legal status – If you overstayed your visa or violated the terms of your stay, you may not be eligible for COS.

J-1 Visa with Home-Country Physical Presence Requirement:

Individuals on a J-1 visa who are subject to a "two-year home-country physical presence requirement" can not change status until they fulfill that requirement or get a waiver for that requirement. 

‍M-1 Vocational Student:

Depending on the specific training received, M-1 vocational students may not be able to change their status to an F-1 student or H-1B professional worker status. 

Potential Legal Solutions for Ineligible Applicants

If you do not qualify for a Change of Status, our immigration lawyers at Kulen Law Firm can help explore other legal pathways, including:

• ‍Consular Processing – Applying for a new visa through a U.S. consulate abroad.
• ‍Waivers of Inadmissibility – If you overstayed or violated visa terms, we may help you file a waiver.
• ‍Adjustment of Status (AOS) – If eligible, you may apply for a Green Card instead of COS.

At Kulen Law Firm, our change of status attorneys provide tailored legal strategies to help you achieve your immigration goals while maintaining compliance with U.S. immigration laws.

How to Apply for a Change of Status with Kulen Law Firm of Status?

Applying for a Change of Status (COS) can be a complicated process, and any mistakes or missing documents can lead to delays or denials. At Kulen Law Firm, our change of status lawyers handle the entire application process for you, ensuring that your petition is correctly filed and increasing your chances of approval.

Step-by-Step Process with Kulen Law Firm

1. Schedule a Consultation with Our Change of Status Lawyer

The first step is to book a consultation with one of our experienced immigration attorneys. We will review your current visa status, determine your eligibility, and recommend the best legal advice.

2. Case Evaluation & Documentation Preparation

Once we determine your eligibility, our change of status attorneys will help you gather and prepare all necessary documents, including:

• Form I-539 (Application to Extend/Change Nonimmigrant Status)
• Proof of current legal status (I-94 record)
• Supporting documents based on your new visa category (employment offer letter, school acceptance letter, financial support proof, etc.
• Explanation of your intent to change status and how it complies with immigration laws

3. Filing Your Change of Status Petition with USCIS

Our legal team will file your petition with USCIS and ensure all documents are submitted correctly. We will also track your case status and keep you updated throughout the process.

4. Responding to USCIS Requests for Evidence (RFEs)

If USCIS requires additional information, our immigration lawyers will prepare a strong response to avoid delays or potential denials.

5. Approval & Next Steps

Once your Change of Status is approved, we will provide guidance on maintaining your new visa status and any additional legal steps required for future immigration needs.

Apply for Your Change of Status with Kulen Law Firm Today!

Don’t risk delays or denials by filing alone—trust the expertise of Kulen Law Firm’s change of status attorneys to handle your case efficiently and professionally.

Client Success Stories – How Kulen Law Firm Helped Clients Change Their Visa Status

At Kulen Law Firm, our change of status lawyers have successfully helped countless clients transition to new visa categories without leaving the U.S. Below are a few success stories that highlight our dedication to providing exceptional immigration legal services.

From Tourist Visa (B1/B2) to Student Visa (F1) – Maria’s Story

Challenge: Maria, a visitor from Brazil, wanted to pursue higher education in the U.S. but was unsure if she could change her status without returning home. She was also worried about proving her financial eligibility for an F1 visa.

Solution: Our immigration attorneys at Kulen Law Firm guided Maria through the Change of Status (COS) process, helped her prepare financial documentation, and ensured her application was submitted before her tourist visa expired.

Outcome: USCIS approved Maria’s Change of Status request, and she successfully enrolled in her university program without having to leave the U.S.

Transitioning from L-1 to H-1B Visa – Raj’s Story

Challenge: Raj, an IT professional on an L-1 visa, was running out of his L-1 status while his PERM application was pending. He needed to switch to an H-1B work visa to be eligible for one-year extensions based on his pending PERM application—a benefit not available in L-1 status.

Solution: Our change of status lawyers worked closely with Raj’s employer, ensuring all company documentation and proof of executive qualifications met USCIS standards.

Outcome: Raj’s Change of Status application was approved, allowing him to continue working in the U.S. under his H-1B work visa status without any disruption to his career.

 From Tourist Visa (B1/B2) to Investor Visa (E-2) – David’s Story

Challenge: David, a business professional from Canada, entered the U.S. on a B1/B2 tourist visa but later decided to start his own company and apply for an E-2 investor visa. However, he wasn’t sure if he could change his status without leaving the U.S.

Solution: Our change of status attorneys at Kulen Law Firm helped David establish a qualifying U.S. business, provided guidance on investment requirements, and ensured that his E-2 Change of Status petition met all USCIS regulations.

Outcome: David successfully transitioned to an E-2 visa and is now running his business in the U.S. without having to leave the country.

From Tourist Visa (B1/B2) to Extraordinary Ability Visa (O-1) – Elena’s Story

Challenge: Elena, a professional dancer, initially came to the U.S. on a B1/B2 tourist visa to attend workshops but later received an offer to work as a lead performer. She needed to change her status to an O-1 visa to continue working legally in the U.S.

Solution: Our O-1 visa attorneys prepared a strong petition showcasing her extraordinary abilities, including awards, media coverage, and letters of recommendation.

Outcome: USCIS approved Elena’s Change of Status to O-1, allowing her to continue her career in the U.S. without having to return to Spain for consular processing.

From Student Visa (F1) to Work Visa (H-1B) – John’s Story

Challenge: John, an international student on an F1 visa, secured a job offer from a U.S. tech company but needed to transition to an H-1B visa to work legally after graduation.

Solution: Our H-1B visa lawyers helped John’s employer file a Change of Status petition under the H-1B cap lottery and ensured all LCA (Labor Condition Application) and USCIS filing requirements were met.

Outcome: John’s F1 to H-1B Change of Status was approved, allowing him to start working immediately after completing his studies.

From Student Visa (F1) to Investor Visa (E-2) – Sophia’s Story

Challenge: Sophia, an international student on an F1 visa, wanted to launch a startup business in the U.S. but was unsure if she could switch to an E-2 visa without leaving the country.

Solution: Our change of status lawyers helped Sophia structure her business investment, create a detailed business plan, and file a Change of Status from F1 to E-2 with comprehensive evidence of her investment and business viability.

Outcome: Sophia’s E-2 Change of Status was approved, and she is now successfully running her business in the U.S. without having to leave the country.

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Still Have Questions? Speak with a Change of Status Lawyer Today!

If you need help with your Change of Status application, Kulen Law Firm is here to assist.

Get a Free Evaluation!