Change of Status

Introduction

This guide provides a checklist of what to do post-approval, with detailed step-by-step instructions, considerations during COVID-19, and more!

This guide walks you through what to do if you change your U.S. address, employer, job duties, or work location.

Need an extension or interested in learning about the green card process, this guide has you covered!

Information

Your petition was approved “Change Of Status”. This means your status will automatically change starting on the requested validity date. No further action is required to activate the status!

Visa-Exempt

Canadians are visa-exempt. This means that you do not need to obtain a visa stamp to re-enter the U.S.

Post-Approval Checklist

Step 1: Complete I-9 - For New Employment

Complete Form I-9, Employment Eligibility Verification, if you will be starting work with a new employer.

You will need your valid:
- Passport
- I-94 - A new I-94 is issued every time you enter the U.S.

Step 2: Request Social Security Number (SSN) - If No SSN

Apply for a Social Security Number and Card, if you do not already have one.

You will need your valid:
- Passport
- I-94

Step 3: Carry Documents For Re-entry Into The U.S. - The Next Time You Travel Abroad

Next time you travel abroad after the “Change of Status” effective date:

You will need to carry your valid:
- Canadian Passport
- I-797A Approval Notice
- 2-3 Recent Pay Statements from Employer Listed on I-797A Approval Notice

Your Canadian Dependents will need to carry their valid:
- Canadian Passport
- I-797A Approval Notice
- Marriage Certificate (for Spouse)
- Birth Certificate (for Child)

Your Non-Canadian Dependents will need to carry the documents listed above, and:
- Apply For A Visa Stamp

Step 4: Review I-94

View your new I-94 on the I-94 - Official Website.

Contact U.S. Customs and Border Protection (CBP) promptly if there is an error.

Print Checklist

Post-Approval Instructions

Step 1: Complete I-9 - For New Employment

Complete Form I-9, Employment Eligibility Verification on your first day of work, if you will be starting work with a new employer.

Present your valid Passport and I-94 showing valid status. A new I-94 is issued every time you enter the U.S.

Find your most recent I-94 at the bottom of the I-797A Approval Notice. If you’ve traveled abroad after the approval, you can find your latest I-94 on the I-94 - Official Website.

Step 2: Request Social Security Number (SSN) - If No SSN

Apply for a Social Security Number and Card, if you do not already have one.

You will need your valid Passport and I-94 showing valid status to apply.

The Next Time You Travel Abroad!

Step 3: Carry Documents For Re-entry Into The U.S.

You will need to carry your valid Canadian Passport, I-797A Approval Notice, and 2-3 Recent Pay Statements from Employer Listed on I-797A Approval Notice.

Your Canadian Dependents will need to carry their valid Canadian Passport, I-797A Approval Notice, Marriage Certificate (for Spouse), and Birth Certificate (for Child).

Your Non-Canadian Dependents will need to carry the documents listed above and Apply For A Visa Stamp.

Step 4: Review I-94

View your new I-94 online, once you enter the U.S. and each time you travel internationally and re-enter the U.S.

Dependents will have a separate I-94 record.

The I-94 is the controlling document regarding your status.

Contact U.S. Customs and Border Protection (CBP) immediately if there is an error on your I-94 to request a correction.

Print Instructions

Considerations During Covid-19

Considerations During Covid-19 & U.S. Travel Updates:

Sign up for our Newsletter! Get visa resources, immigration news, and event announcements delivered right to your inbox. Don't worry, if you change your mind, you can unsubscribe at any time.

Check out our Blog! Travel requirements and restrictions may change at any time. Legalpad will update our blog as new guidance is available.

Check with your Local Consulate for the latest information.

Dependent Information

Employment Authorization:

Certain Dependents (Spouse) are eligible for Employment Authorization once they enter the U.S.

For Example:

If you are in L-1 status, certain L-2 Spouses do not need to apply for an Employment Authorization Document (EAD) to work in the U.S. Please contact us for more information.

If you are in H-1B status, your H-4 spouse may be eligible to apply for Employment Authorization. Check out the USCIS’ website for more information on Employment Authorization for Certain H-4 Dependent Spouses.

If you are in O-1 status or TN status, your O-3 and TD Dependents are not eligible for work authorization in the U.S.

Contact us for specific Dependent status information & eligibility.

F-1 & J-1 Student Information

FICA Taxes Exemption

Generally, students in the U.S. in F-1 and J-1 status are exempt from FICA Taxes (Medicare and Social Security Taxes).

However, if you later change status from F-1 or J-1 to a different status, such as O-1 or H-1B, you will then become subject to FICA Taxes.

Your U.S. Employer must begin withholding FICA Taxes from your “Change of Status” effective date.

Checklist & Instructions:

You are subject to FICA Taxes because you changed status from F-1 or J-1 to a different status - such as O-1 or H-1B.

Your Employer must begin withholding FICA Taxes from your “Change of Status” effective date - from the day your status begins.

Visit the Internal Revenue Service (IRS) website for more information.

STEM OPT

If you change from F-1 STEM OPT to a different status, such as O-1 or H-1B, you must complete the “Final Evaluation on Student Progress” section of Form I-983 STEM Training Plan.

This section must be signed by both You and your U.S. Employer, and then submitted to your University.

Checklist & Instructions:

Complete the “Final Evaluation on Student Progress” section of Form I-983 STEM Training Plan.

Both You and your U.S. Employer must sign the form.

Submit the signed form to your University.

"Changes & Amendments"

Plan On Making Changes?

Please reach out to us before changing your home address, employer, job duties, or work location. A Change of Home Address, Change of Employer, or Amendment filing may be required.

Change Of Home Address

You must notify USCIS if you change your home address.

Checklist & Instructions:

Complete Form AR-11, Alien’s Change of Address Card.

Within 10 days of the move. This will notify USCIS.

Change Of Employer

Your new employer will need to file a “Change Of Employer” petition on your behalf, if you want to work for a different employer.

Depending on your status category, you may only be able to start work for the new employer once the “Change Of Employer” petition is approved.

For Example:

If you are in O-1 status, you cannot start for the new employer until after the “Change of Employer” is approved.

If you are in H-1B status, you may potentially be able to start for the new employer based on the filing of the “Change of Employer” petition, and may not have to wait until the approval.

Please reach out to us for confirmation of the timeline and impact of changing your employer based on your specific status and situation. Follow the “Change of Employer” Checklist & Instructions.

Checklist & Instructions:

Reach out to us before changing your employer if you want to work for a different employer.

File for a “Change of Employer”. Your new employer will need to file a “Change of Employer” petition on your behalf, if you want to work for a different employer.

Receive your “Change of Employer” approval.

Start working for your new employer. Depending on your status category, you may only be able to start work for the new employer once the “Change of Employer” petition is approved.

Amendment

A “material” change to your role would require an Amendment. If there is a substantial change in your job duties from the duties listed in the petition, or if you change from working full-time to part-time, you may require an Amendment.

Please reach out to us for confirmation of the timeline and impact of filing an Amendment based on your specific status and situation. Follow the Amendment Checklist & Instructions.

Checklist & Instructions:

Reach out to us before changing your job duties or work location.

File for an Amendment if required. A “material” change to your role would require an Amendment.

Receive your Amendment approval. You cannot start working in the new role until the Amendment petition is approved.

Start working in the new role, once you have the new approval. Depending on your status category, you may only be able to start work in the new role once the amendment petition is approved.