500:, then, after successfully transitioning to the new status, he or she may use automatic visa revalidation to travel to Mexico, Canada, or (for some statuses) the Caribbean islands and return in less than 30 days. Instead of the "visa", what gets revalidated is the change of status, and therefore in lieu of the visa the applicant must carry the Form I-797 Approval Notice in addition to all the other supporting documentation. In particular, it does not matter if the applicant has never acquired a visa for the new status, nor does it matter if the previous status for which the applicant did have a visa did not allow for automatic visa revalidation.
449:
a mitigating factor against the removal. Moreover, despite not being in a lawful status, the applicant does not accrue "unlawful presence" for purposes of inadmissibility to the United States. Once the application is approved, the approval retroactively makes lawful the time spent by the applicant in the United States after the expiration of the original Form I-94. If the application is denied, the applicant must immediately depart the United States (if it is denied before the expiration date, the applicant has until the expiration date of the Form I-94 to depart).
260:. Form I-539 is not necessary to accomplish this change of status. Thus, for instance, if trying to transition from F status to H-1B status, only Form I-129 need be filed, and not Form I-539. Similarly, Form I-129 needs to be filed when transitioning from one temporary nonimmigrant worker status to another. Since temporary nonimmigrant worker statuses are tied to specific jobs, a new Form I-129 needs to be filed even when changing to a new employer with the same type of status.
362:. In general, when requesting a change of status, the set of proofs submitted must be similar to those that would be needed if applying for a visa with the new status. The applicant must also demonstrate that the earliest start date in the new status before the expiration date on the Form I-94 for the current status.
448:
The USCIS says that if it has not reached a decision on the Form I-539 by the expiration date of the Form I-94, the applicant is no longer in authorized status. However, removal proceedings are unlikely to be initiated against the applicant and, if they are, then the pending Form I-539 can be used as
426:
It is important to make sure that the Form I-539 application is sent in (and ideally, that it is approved) prior to the expiration date of the Form I-94. The USCIS recommends filing the Form I-539 at least 45 days prior to the expiration date on the Form I-94. Late submissions are likely to result in
323:
Form I-539 can always be submitted by paper. The form is available for download from the USCIS website. The filing address depends on the type of status change or extension that the applicant is requesting. The possible filing addresses include lockbox facilities, service centers, and (in the case of
417:
Section 3 of Form I-539 gives the applicant the opportunity to specify a new requested end date (in 1.a.) or either request or indicate that he or she has already been granted D/S. The end date for the approved Form I-539 (whether an actual date or D/S) overrides whatever was there in the Form I-94.
224:
if the new Form I-20 is issued prior to the expiration date of the old Form I-20. Even if transferring to a different educational institution, there is no need to file Form I-539. In general, the responsibility of keeping the student's information up-to-date lies with the
Designated School Official
474:
Form I-539 may be used to extend one's stay on the same status as one currently has. This extension of stay does not change the terms of one's entry visa. In particular, it does not change whether the visa was a single-entry visa or a multiple-entry visa, nor does it change the period of validity
304:
In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected.
483:
When Form I-539 is used to change status, it invalidates any visa obtained that was associated with the applicant's previous status. Thus, whenever the applicant next travels outside the United States, the applicant is required to obtain a new visa to re-enter the United States.
457:
Once the Form I-539 is approved, the applicant is in a position to extend stay or transition to the new status (from the start date indicated on the Form I-539). Until receiving the approval, the applicant cannot engage in any activities that require being in the new status.
27:. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought
332:
Form I-539 may be filed electronically using the
Electronic Information System (ELIS) for some categories. A single ELIS account created by a person can be used for repeated filings of Form I-539 for extension of stay or change of status.
435:
In the case that the applicant does not have a Form I-94 (either a paper form or an electronic form that he or she can print out), the applicant must contact his or her nearest
Deferred Inspection Site managed by the
402:(those who enter using the VWP are issued a Form I-94W, but they are not eligible to file Form I-539). This form contains an entry for the expiration date. There are two ways the expiration date may be entered:
225:
at the institution, who acts as the intermediary between the student and the government bureaucracy. All reporting requirements imposed on students are to the DSO rather than directly to USCIS or DHS.
46:
needed when adjusting status within the United States to that of Lawful
Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay.
180:. They cannot use Form I-539 except in exceptional circumstances. Thus, even people from VWP-eligible countries who believe they might need to extend their stay or change their status should get
239:
M students who entered for a fixed duration or course of study, as well as F students who did not get "D/S" as their expiration date (this includes all those who are studying at the K-12 level)
213:(or any update to it from a previously filed Form I-539) specifies "Duration of Status" (abbreviated "D/S") as the expiration date, then one simply needs to extend the underlying authorization.
345:
The first set of proofs establishes the applicant's good standing with immigration law so far: the applicant entered on a valid visa based on a valid authorization and has a valid Form I-94.
793:
291:
Until the Form I-539 is approved, the person is not officially in student status and cannot start classes. This also applies for people transitioning from F-2 status to F-1 status.
466:
As a general rule, Form I-539 does not extend the validity of existing visas. To the contrary, a change of status accomplished through Form I-539 can invalidate the existing visa.
272:, the status for dependents of people on other H visas. A single Form I-539 can be filed for all the dependents (such as the spouse and children) of the Form I-129 beneficiary.
847:
284:
for F status and Form DS-2019 for J status) and then use that to file Form I-539. If transferring to student status using Form I-539, it is necessary to first pay the same
280:
Those who want to transition to a student or scholar or dependent status (such as F, J, or M) must first get the corresponding authorization from the institution (such as
413:"D/S" or "EOS" indicating that the I-94 does not place any restrictions on the validity of the person's stay, so that the person can stay as long as otherwise authorized.
398:
People who are not United States citizens or lawful permanent residents, when they enter the United States at a designated port of entry with a valid visa, are issued a
220:
needs to be issued to the student by the international office at his or her institution, with a new expiration date. No Form I-539 need be filed. Note that this works
301:, having an annotation on the visa saying that the entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted.
351:
In the case of extension of stay, applicants must demonstrate the ability to finance the rest of the stay and plans to depart after the extended stay is over.
772:
614:
575:
24:
268:
When changing status to the dependent of a temporary nonimmigrant worker, Form I-539 must be filed. An example is a change from student status to
294:
The process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa.
406:
An actual date. In this case, the applicant's stay in the United States is valid if the status the applicant entered in is still valid
142:
For the following categories, it is not possible to change status while in the United States, or extend stay beyond that specified in
685:
410:
the expiration date has not yet passed. If either condition is violated the applicant's stay in the United States is not authorized.
879:
851:
712:
187:
For the following categories, there are restrictions concerning one's ability to request a change in one's nonimmigrant status:
354:
In the case of change of status, the applicant must show eligibility for the new status. For instance, if transitioning to the
121:
NATO-7 – Attendants, Servants, Personal
Employees of NATO Representatives, Officials, Employees and Immediate Family Members
663:
285:
826:
437:
233:
348:
The second set of proofs depends on whether the applicant is requesting an extension of stay or a change of status:
73:
A-3 visa: attendants, servants, and personal employees of A visa holders and their immediate family members
70:: ambassadors, public ministers, career diplomatic or consular officers and their immediate family members
497:
229:
113:
232:
need to first get a new Form I-20 indicating their institution's approval for the OPT, and then get an
112:(vocational students) and their dependents. Note that this includes those applying for post-completion
528:
607:
568:
39:
256:
Any change of status to a status as a temporary nonimmigrant worker must be accomplished by filing
659:
20:
373:
For most cases, the filing fee is $ 370, with no additional fees. There are a few exceptions:
341:
Form I-539 is generally not filed in isolation; it must be supported by two kinds of proofs.
288:
that applicants from outside the United States need to pay in order to apply for their visa.
822:
35:
381:
nonimmigrants and CNMI initial grant of status, there is an additional $ 85 biometric fee.
8:
177:
169:
719:
59:
For the following current statuses, any extension of stay beyond that specified on the
744:
176:
The most numerically significant of these ineligible categories is entrants under the
209:
For students on F visa (in post-secondary institutions) and their dependents, if the
159:
K-3 or K-4 (Certain
Husbands and Wives of U.S. Citizens and their Dependent Children)
200:(vocational student, cannot transition to F-1 or any H visa that they trained for)
569:"I am a nonimmigrant. How do I extend my nonimmigrant stay in the United States?"
823:"I want to extend or change my nonimmigrant status, but I was not given an I-94"
873:
635:
243:
need to file Form I-539 to extend status or transfer to another institution.
281:
217:
257:
608:"I am a nonimmigrant. How do I change to another nonimmigrant status?"
263:
194:(exchange visitor subject to the 2-year foreign residence requirement)
529:"Instructions for Application to Extend/Change Nonimmigrant Status"
399:
359:
210:
143:
60:
269:
197:
191:
109:
88:
F visa (only the public secondary school case) and their dependents
440:, in order to obtain proof of lawful entry to the United States.
388:
538:. U.S. Citizenship & Immigration Services. 23 December 2016
378:
355:
298:
181:
76:
67:
768:
636:"SEVIS Reporting Requirements for Designated School Officials"
17:
Form I-539, Application to Extend/Change
Nonimmigrant Status
794:"Customer Service Reference Guide: Nonimmigrant Services"
769:"I-539, Application To Extend/Change Nonimmigrant Status"
324:
diplomatic statuses) appropriate international bodies.
118:
N (parents and children of certain special immigrants)
251:
264:
To the dependent of a temporary nonimmigrant worker
773:United States Citizenship and Immigration Services
654:
652:
615:United States Citizenship and Immigration Services
602:
600:
598:
596:
594:
592:
576:United States Citizenship and Immigration Services
563:
561:
559:
557:
555:
553:
137:
100:K-3 (fiancé(e) of U.S. citizen) and minor children
25:United States Citizenship and Immigration Services
358:status, the applicant must include a copy of the
871:
297:For those who entered the United States using a
156:K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))
124:O (aliens with extraordinary ability) dependents
649:
589:
550:
469:
384:For A and G extensions, there is no filing fee.
103:K-4 (spouse of U.S. citizen) and minor children
713:"Change of Non-immigrant Status to F-1 Status"
523:
521:
519:
517:
515:
513:
487:
478:
54:
42:is Form I-485. However, whereas Form I-485 is
803:. U.S. Citizenship & Immigration Services
389:Relation with Form I-94 and approval timeline
204:
79:(B-1/B-2 are the business and tourism visas)
510:
127:P (athletes’ and entertainers’) dependents
475:(i.e., the expiration date) of the visa.
106:L (intracompany transferees’) dependents
763:
761:
336:
872:
707:
705:
703:
236:from the USCIS by filing Form I-765.
758:
664:U.S. Department of Homeland Security
430:
49:
246:
63:requires the filing of Form I-539:
13:
827:U.S. Customs and Border Protection
737:
700:
628:
496:status is a category eligible for
438:U.S. Customs and Border Protection
421:
393:
252:To a temporary nonimmigrant worker
14:
891:
678:
461:
452:
308:
234:Employment Authorization Document
228:In addition, those applying for
133:TD dependents of TN visa holders
34:The corresponding form used for
31:be non-immigrant visa statuses.
840:
815:
786:
745:"Change of Nonimmigrant Status"
443:
275:
138:Non-extendable current statuses
130:R (religious worker) dependents
880:United States government forms
850:. VirginiaTech. Archived from
848:"Automatic Visa Re-Validation"
1:
503:
327:
313:
168:WT or WB (entrants under the
688:. William & Mary College
470:In case of extension of stay
7:
498:automatic visa revalidation
488:Automatic visa revalidation
479:In case of change of status
230:Optional Practical Training
165:TWOV (Transit without Visa)
114:Optional Practical Training
55:Extendable current statuses
10:
896:
660:"What is the Form I-539?"
205:College student exception
40:Lawful Permanent Resident
318:
162:S (Witness or Informant)
368:
216:Explicitly, an updated
686:"Method 2: Form I-539"
725:on September 6, 2015
337:Supporting documents
150:C (Alien in Transit)
36:Adjustment of Status
492:If the applicant's
178:Visa Waiver Program
170:Visa Waiver Program
431:Without Form I-94
85:E visa dependents
50:Extension of stay
887:
864:
863:
861:
859:
844:
838:
837:
835:
833:
819:
813:
812:
810:
808:
798:
790:
784:
783:
781:
779:
765:
756:
755:
753:
751:
741:
735:
734:
732:
730:
724:
718:. Archived from
717:
709:
698:
697:
695:
693:
682:
676:
675:
673:
671:
656:
647:
646:
644:
642:
632:
626:
625:
623:
621:
612:
604:
587:
586:
584:
582:
573:
565:
548:
547:
545:
543:
533:
525:
247:Change of status
895:
894:
890:
889:
888:
886:
885:
884:
870:
869:
868:
867:
857:
855:
854:on May 22, 2016
846:
845:
841:
831:
829:
821:
820:
816:
806:
804:
796:
792:
791:
787:
777:
775:
767:
766:
759:
749:
747:
743:
742:
738:
728:
726:
722:
715:
711:
710:
701:
691:
689:
684:
683:
679:
669:
667:
666:. June 18, 2013
658:
657:
650:
640:
638:
634:
633:
629:
619:
617:
610:
606:
605:
590:
580:
578:
571:
567:
566:
551:
541:
539:
531:
527:
526:
511:
506:
490:
481:
472:
464:
455:
446:
433:
424:
422:Filing timeline
396:
394:Expiration date
391:
371:
339:
330:
321:
316:
311:
278:
266:
254:
249:
207:
140:
82:CW-1 dependents
57:
52:
12:
11:
5:
893:
883:
882:
866:
865:
839:
814:
785:
757:
736:
699:
677:
648:
627:
588:
549:
508:
507:
505:
502:
489:
486:
480:
477:
471:
468:
463:
462:Effect on visa
460:
454:
453:After approval
451:
445:
442:
432:
429:
423:
420:
415:
414:
411:
395:
392:
390:
387:
386:
385:
382:
370:
367:
366:
365:
364:
363:
352:
346:
338:
335:
329:
326:
320:
317:
315:
312:
310:
309:Filing details
307:
277:
274:
265:
262:
253:
250:
248:
245:
206:
203:
202:
201:
195:
174:
173:
166:
163:
160:
157:
154:
151:
139:
136:
135:
134:
131:
128:
125:
122:
119:
116:
107:
104:
101:
98:
95:
92:
89:
86:
83:
80:
74:
71:
56:
53:
51:
48:
23:issued by the
19:is one of the
9:
6:
4:
3:
2:
892:
881:
878:
877:
875:
853:
849:
843:
828:
824:
818:
802:
795:
789:
774:
770:
764:
762:
746:
740:
721:
714:
708:
706:
704:
687:
681:
665:
661:
655:
653:
637:
631:
616:
609:
603:
601:
599:
597:
595:
593:
577:
570:
564:
562:
560:
558:
556:
554:
537:
530:
524:
522:
520:
518:
516:
514:
509:
501:
499:
495:
485:
476:
467:
459:
450:
441:
439:
428:
419:
412:
409:
405:
404:
403:
401:
383:
380:
376:
375:
374:
361:
357:
353:
350:
349:
347:
344:
343:
342:
334:
325:
306:
302:
300:
295:
292:
289:
287:
283:
273:
271:
261:
259:
244:
242:
237:
235:
231:
226:
223:
219:
214:
212:
199:
196:
193:
190:
189:
188:
185:
183:
179:
171:
167:
164:
161:
158:
155:
152:
149:
148:
147:
145:
132:
129:
126:
123:
120:
117:
115:
111:
108:
105:
102:
99:
96:
93:
90:
87:
84:
81:
78:
75:
72:
69:
66:
65:
64:
62:
47:
45:
41:
38:to that of a
37:
32:
30:
26:
22:
18:
856:. Retrieved
852:the original
842:
830:. Retrieved
817:
805:. Retrieved
800:
788:
776:. Retrieved
748:. Retrieved
739:
727:. Retrieved
720:the original
690:. Retrieved
680:
668:. Retrieved
639:. Retrieved
630:
618:. Retrieved
579:. Retrieved
540:. Retrieved
535:
493:
491:
482:
473:
465:
456:
447:
444:After expiry
434:
425:
416:
407:
397:
372:
340:
331:
322:
303:
296:
293:
290:
279:
276:To a student
267:
255:
240:
238:
227:
221:
215:
208:
186:
175:
141:
97:H dependents
58:
43:
33:
28:
16:
15:
858:February 9,
778:February 1,
750:February 1,
729:February 1,
692:February 1,
670:February 1,
641:February 1,
620:February 1,
581:February 1,
153:D (Crewman)
504:References
328:Electronic
314:Modalities
270:H-4 status
258:Form I-129
400:Form I-94
360:Form I-20
286:SEVIS fee
282:Form I-20
218:Form I-20
211:Form I-94
144:Form I-94
61:Form I-94
874:Category
832:June 13,
427:denial.
198:M-1 visa
192:J-1 visa
807:6 March
542:6 March
182:B visas
356:F visa
299:B visa
77:B visa
68:A visa
44:always
801:USCIS
797:(PDF)
723:(PDF)
716:(PDF)
611:(PDF)
572:(PDF)
536:USCIS
532:(PDF)
319:Paper
21:forms
860:2016
834:2020
809:2018
780:2016
752:2016
731:2016
694:2016
672:2016
643:2016
622:2016
583:2016
544:2018
377:For
369:Fees
222:only
29:must
494:new
408:and
94:G-5
876::
825:.
799:.
771:.
760:^
702:^
662:.
651:^
613:.
591:^
574:.
552:^
534:.
512:^
241:do
184:.
146::
862:.
836:.
811:.
782:.
754:.
733:.
696:.
674:.
645:.
624:.
585:.
546:.
379:V
172:)
110:M
91:G
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