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Form I-539

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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.
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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
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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
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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:
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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:
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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:
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Form I-539 is generally not filed in isolation; it must be supported by two kinds of proofs.
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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
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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.
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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

Index

forms
United States Citizenship and Immigration Services
Adjustment of Status
Lawful Permanent Resident
Form I-94
A visa
B visa
M
Optional Practical Training
Form I-94
Visa Waiver Program
Visa Waiver Program
B visas
J-1 visa
M-1 visa
Form I-94
Form I-20
Optional Practical Training
Employment Authorization Document
Form I-129
H-4 status
Form I-20
SEVIS fee
B visa
F visa
Form I-20
V
Form I-94
U.S. Customs and Border Protection
automatic visa revalidation

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