Change of Status / Extension

General Information

Extend or Change of Status

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, an U.S. immigration inspector should have examined your passport and visa and then given you an INS Form I-94 (Arrival/Departure Record). This record should tell you (in the lower right-hand corner) when you must leave the United States. You can prove you did not violate U.S. laws by turning in your INS Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the Immigration and Naturalization Service (INS) before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).

General filing instruction

You can file Form I-539 for change of status or extension of your stay. You must submit an application before your current authorized stay expires. INS suggest you to file at least 45 days before your stay expires, or as soon as you determine your need to change status. I-539 filing fee is $140. Please visit INS Forms and Fees page for current filing fee. You may include your spouse or unmarried children under age 21 as co-applicants in the same application for the same extension/change of status. You will be considered in a legal status, if your application is pending with INS.

Extension (or) Change of status from B1/B2

If you want to extend your VISA or change your status from B1/B2, then you should file FORM I-539 with your original I-94. In addition, you must submit written statement explaining in detail about the reason for your extension/change of status and why your extended stay would be temporary etc.

You may include your spouse or unmarried children under age 21 as co-applicants in your application for the same extension/change of status.

Change of status to F1

To request a change to F-1 status, you should file FORM I-539. You must submit your original form I-94 and your original Form I-20 (Certificate of eligibility for NON Immigrant student) issued by the school where you will study. Also you must submit documentaion that demonstrates your ability to pay for your studies and support yourself while you are in US. Note ( DO NOT use FORM I-539 for F1 extension) Please contact your designated school official at your institution.

H1B to F1 It is advisable to attach a letter from your employer stating your last day of employment, because this will prove that you are in a valid status while applying for status change from H1B to F1.

You can start attending school while your application is pending. But you can get assistantship only after approval. When you travel abroad next time, you have to get the F1 VISA stamping. The time you spent on your F1 can be deducted from your 6 year clock (Eg: you can be in us for 8 years (3 years H1B+ 2 years F1 + 3 years H1B)

Change of status to H1B (from any status F1/H4/B1/B2)

If you are eligible to apply for H1B, you need an H1B sponsor (employer) to file a Petition for Nonimmigrant Worker (INS Form I-129) with required supporting documents like copy of your educational certificates, passport, experience etc. You can start working for your employer ONLY after your H1B approval. If your application is denied, you will receive a letter that will tell you why the application was denied.

H1B Extension

Difference between extension and revalidation You have to apply for H1B extension at the INS office, if your approved H1B is about to expire. If you have approved H1B and VISA on your passport is about to expire then you have to apply for revalidation at St.louis. (This is just revalidating your VISA, so that if you travel outside US, you can come to US using your valid VISA)

You must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States. Your employer should carefully read and file an INS Form I-129 (Petition for Nonimmigrant Worker) with supporting documentation to extend your H1B status.

While applying your H1B extension, please don't forget to apply H4 extension(s) for your dependents. Your dependents will NOT get automatic extension based on your H1B extension, so you have to apply separately for them.

H4 Extension / Change of status to H4

If you are filing for H4 extension or change your status to H4 as the dependent of an H1B employee, you should file FORM I-539. You must submit a copy of H1B holder's FORM I-94, H1B approval notice and evidence of your relationship (Example: Marriage certificate if spouse, Birth certificate if children)

Stamping after Change of status/extension

If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, you will receive a letter that will tell you why the application was denied. Your original I-94 will be returned and INS may request for your immediate departure (depends upon cases). You can be in USA without stamping till your I-94 expiry date. You cannot stamp your VISA in USA if you change your status. Stamping is NOT neccessary even your VISA on your passport expired. (You are in legal status as long as your I-94 is valid - VISA is just a travel document to enter into US)

More information from INS web site