There are two ways of gaining a new non-immigrant status:
1) traveling outside the U.S. and re-entering in a new status
2) applying to USCIS while remaining in the U.S.
Option 1: Leave the U.S., apply for a new visa at a U.S. consulate, and re-enter the U.S. with the new visa and other relevant documents. You will gain your new status when you are admitted into the U.S.
- Advantages: This process is usually faster than changing status in the U.S. You will obtain the visa stamp AND the new status with this process.
- Disadvantages: Possibility of visa processing delay. Travel can be expensive.
Option 2: Submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. This option allows you to change your non-immigrant status while remaining in the U.S. With this option you may gain the new status but you will not receive a new visa stamp; visas are only issued at U.S. embassies/consulates abroad.
- Advantages: You can stay in the U.S. during processing. You can avoid the hassle of a visa application process (for now).
- Disadvantages: Processing can be very slow (three to six months), which may jeopardize your ability to begin your new activity, such as studying or accepting a research or teaching assistantship or other campus employment. You must stay in the U.S. during processing; exiting the U.S. cancels the application. You must still obtain a visa stamp to match your status the next time you travel outside the U.S. (except for trips under 30 days to Canada or Mexico). The application may be denied, which could require you to quickly depart the U.S.
When deciding which option is best for you, you should consider various factors: upcoming travel plans, application processing times, the expiration date or special conditions of your current status. The regulations of your future status will help determine if it is best to travel and re-enter or apply to change status in the U.S.