How to Extend Visa Status
An applicant wishing to extend the stay in the U.S. legally can do so by applying to USCIS before his/her visa expires, provided he/she fulfills the conditions that allow for extension.
Steps to Extend Visa Status
1. The applicant determines if he/she is eligible to extend their status.
An applicant is eligible to apply for visa extension if the following conditions are met:
- The applicant entered U.S. lawfully on a non-immigrant visa.
- The applicant has a valid visa and a passport for the extended period of stay.
- The applicant has not violated the conditions of the visa.
- The applicant has not done anything wrong that could result in denial of visa extension.
Note that not all visas are eligible to be extended.
2. The applicant determines which USCIS application to file.
- If the visa is an employment-based one, then the applicant’s employer can file Form I-129, Petition for a Nonimmigrant Worker, before the appllicant’s I-94 expires.
- If the visa is non-employment-based, then the applicant files Form I-539, Application to Extend/Change Nonimmigrant Status, at the USCIS center, in either of the following ways.
3. The applicant files the appropriate application with USCIS.
If eligible, the applicant can file using the USCIS Electronic Immigration System. Or, the applicant can file the paper application. The addresses where the application can be filed are located on the USCIS website.
4. The applicant may file Form G-1145, E-Notification of
Application/Petition Acceptance, if they want to be notified when the application is accepted and attach it to the first page of the application.
5. The applicant checks the filing fee according to the filing category on the USCIS website, and makes the appropriate payment.
5. USCIS decides on the applicant’s application and informs him/her about the decision by mail.
If rejected, the applicant will have to depart immediately from U.S.
