Can I change my Q1 visa to Tourist visa without leaving US?

Question

I am working under a Q1 visa in Florida and it will be expired in the coming Nov. I didn't have a Travel visa with me before I come to states and my country is NOT in visa waiver program. I want to know is it possible for me to get a Travel visa here without leaving US.

Answer 1

Q1 visa or Cultural Exchange Visitor visa has a validity of up to 15 months or the duration of the program whichever is shorter. I am understanding that your visa expires in November. Since this is a non-immigrant visa, you are expected to return to your country of origin after the expiration of the visa.

For you to request a change of status from Q1 to B2, you will have to prove convincingly that you intend to return to your country at all. You have been in the US for 15 months and you would like to extend it for another 90 days (maximum stay given for one entry of B2.) You will not be able to use the cultural exchange program as a reason.

I am not saying you will not be approved for a B2, but it is going to be hard. The application to change nonimmigrant status has a filing fee of $200.00 and has to be done not less than 45 days before your Q1 expires.

application form linked.

USCIS Vermont Service Center

ATTN: I-539

75 Lower Welden Street

St. Albans, VT 05479

Answer 2

You may apply for a change of status by filing form I-539 with the USCIS Texas Service Center:

USCIS TSC

PO Box 851182

Mesquite, TX 75185-1182

If your request is not approved, you will have to leave the US as directed.  You may then apply for a B1/B2 visa after you have left the US.

http://www.uscis.gov/files/form/i-539.pd...