No. A change of status is NOT a change of visa!

A visa allows you to travel to the U.S. as far as the port of entry (airport or land border crossing), where you will ask the immigration officer to allow you to enter the country. Immigration matters are the responsibility of the U.S. Department of Homeland Security, and only the immigration officer has the authority to permit you to enter the United States for a specific purpose and decide how long you can stay for any particular visit.

There are many different types of visas, including student visas and tourist visas. You can only get a visa at the US embassy or consulate in your home country. Your visa expiration date has no bearing on how long you can stay in the country; some tourist visas are valid for ten years. The date on your I-94 card shows the date by which you must exit the United States.

Your status is the principal activity, reason, or purpose for entering the U.S. (i.e., as a tourist, for business, or to accompany another family member). If you are al-ready in the U.S., when you arrived you showed a visa and the immigration inspector recorded your purpose (status) and a date to depart (or D/S, meaning "Duration of Status") on a white card (Form I-94) that was stapled in your passport near your visa (unless you entered on a visa waiver). To change the reason that you entered the U.S. (for example, you entered on a work visa but now want to go to school full time), you must apply to USCIS to change your status. If USCIS approves your application, you may stay in the U.S. and study if you follow the rules, such as studying full-time.

If you exit the U.S. to go to another country while your change of status is pending, you will be required to go home and apply for an M-1 visa before you can re-enter the U.S.

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If your principal activity, reason, or purpose for being in the U.S. has changed or ended, and you want to stay in the U.S. to study in one of The FCI’s career programs, you may need to apply to the USCIS to change your status to M-1 student to remain here lawfully—or you may need to return home and apply for a student visa.

If the primary purpose that brought you here will continue but you wish to attend The FCI at the same time, you may not need to change student status. The Office of Student Affairs can help you assess whether changing your status is required or appropriate, review USCIS's requirements and procedures, and help you apply to the USCIS for a change of your nonimmigrant status to M-1 student. Make an appointment with Student Affairs and bring your passport, I-94 card, and any other immigration documents (such as a current I-20) with you. Contact Leland Scruby at lscruby@frenchculinary.com or at +1 646 254 8586.

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You CAN change your status IF you meet all of the following 3 conditions:

Condition 1: You have a status that the law allows you to change.
U.S. law does not allow persons who hold the following statuses to change: C, D, some J’s, K, some M’s, N, S, WB, WT. A and G statuses must first complete a Form I-566 and get approval from the Department of State before a change of status application can be sent to USCIS. If you were maintaining F-2, B-1, or B-2 statuses, you are not permitted to study unless you first apply and receive approval for a change of status to M-1 prior to starting school. Contact Leland Scruby for more information.

School Transfers: Students in F-1 schools may transfer to The FCI by following the procedures for Change of Status outlined below. Students enrolled in M-1 schools may not transfer to The FCI unless their current course of study is the same as the program at The FCI (M-1 students may not change educational objectives). An M-1 student may not transfer to another school after six months from the date the student is first admitted as, or changes nonimmigrant classification to that of, an M-1 student unless the student is unable to remain at the original school due to circumstances beyond the student's control. If you are currently an M-1 student, contact Leland Scruby at +1 646 254 8586 to discuss your options.

Condition 2: You are here lawfully. This means:

• The date on your Form I-94 cannot have passed (unless you submitted another change of status or extension application before it expired).
• You must still be engaging in the activity that brought you to the U.S. and must be able to prove this.

Condition 3: You have met all the requirements for a Form I-20

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Once you have determined that you are able to meet the conditions for a change to M-1 student status, follow these three steps to change your status.

Step 1: Complete the following application forms

• Application to Extend/Change Nonimmigrant Status (Form I-539)
• Attachment to Form I-539

Step 2: Attach the following documents to your application

• A and G statuses ONLY: Attach your approved I-566
• All necessary evidence of financial support (if you have not already submitted these documents). Documents must be originals.
• Evidence of lawful status. Attach proof that you are maintaining lawful status in the U.S.
  • H, E, and L statuses should provide a letter certifying employment and a current pay stub.
  • F-2 dependents should provide evidence that the principal is maintaining status.
• Original Form I-94 Departure Record (the white card stapled in your passport). If you hold a dependent status, attach a photocopy of your spouse's or parent’s Form I-94 and visa as well.
• $300 fee (check or money order, payable to Department of Homeland Security, fee subject to change).

Once we receive it, Student Affairs will submit your application to USCIS. USCIS will take about 5 months to review your application. You may begin classes while your application is pending unless you are changing from F-2, B-1, or B-2 status. Applicants should be aware that a denial may mean they have to leave the country immediately. Sometimes, USCIS will request additional information from you. You must bring any papers received from USCIS to Student Affairs immediately.

Step 3: Stay in the U.S. and wait for an answer

You will maintain lawful status while your application is being processed (even if the date on your Form I-94 passes). However, if you travel outside the United States before receiving an answer from USCIS, it will automatically cancel your change of status application. To re-enter the U.S., you will need a new Form I-20 from The FCI and must apply for the M-1 student visa in your home country. You may not use any other visas in your passport to re-enter if your purpose for returning is to be a full-time student.

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