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C1—I am a nonimmigrant…How do I extend my nonimmigrant stay in the United States?
M-579B (May 2016) N
expired or is about to expire?
• If your stay as shown on your Form I-94, Arrival-
Departure Record, has already expired, while anyone can file
an application, we usually will not grant an extension of stay.
• If you believe compelling unforeseen circumstances
beyond your control prevented you from filing on time,
please explain your unforeseen circumstances in your application
and include any documents to support your claim.
• If your stay as show on your Form I-94 is about to
expire, make sure you file your application in time for USCIS to
receive it before your status expires.
• If you are concerned about your visa expiring, remember
it simply lets you come to the United States to apply to enter.
Your visa doesn’t control the length of your stay. The period for
which you can stay was determined when you were admitted to
the United States. You will usually find that information on the
Form I-94 that was issued to you when you were admitted.
When should I file Form I-539 and how long will it take to
process my application?
Our processing times can vary. You may check our Web site, www.
uscis.gov, for our current processing times. We suggest you file at
least 45 days before your stay expires.
If I am eligible for an extension of stay and file on time,
will my stay be extended?
An extension of stay is not automatic. We will look at your situation,
your status, and the reasons you want to extend your stay before
deciding whether or not to grant your application. If we grant it,
we will also decide how long to extend your stay. We will not grant
an extension if circumstances indicate that an extension is not
warranted.
What if I file for an extension of stay on time but USCIS
doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status,
when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of
discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your request for
extension of nonimmigrant status. Nevertheless, DHS may bring a
removal proceeding against you, even if you have an application for
extension of status pending.
Even though you are not actually in a lawful nonimmigrant
status, you do not accrue “unlawful presence” for purposes of
inadmissibility under section 212(a)(9)(B) of the Immigration and
Nationality Act, while your extension of status application is pending
if it was filed prior to the expiration of your Form I-94.
Although you are out of status, you may be permitted, depending
on your classification, to continue your previously authorized
employment for a maximum period of 240 days while your
extension application is pending if USCIS receives your application
before your Form I-94 expires, and you have not violated the terms
of your nonimmigrant status. You may be required to stop working
immediately when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension
application.
If your application for an extension of stay is approved, the approval
will relate back to the date your Form I-94 expired, and your status
while your application is pending will then be considered to have
been lawful.
If your application is denied, you may be required to cease
employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is
void, you must submit any new visa application at a U.S. consulate
in your home country (not a third country, except in rare instances
as determined by the U.S. Department of State).
After I file, how can I check the status of my extension
application?
• Filing Paper-based Form I-539
After you file, we will mail you a receipt. This receipt will
provide a number assigned to track your application, as well
as the estimated processing time. Your receipt will also give
instructions on how you can use this receipt number to check
the status of your case on our Web site. You can also use the
general information available in the Customer Guide F1,
(General Information...How Do I... Know What Services Are
Available After I File?).
• If you filed a Form I-539 online you created an account.
You can still access your case electronically to respond to
a request for evidence, check case status, and update your
profile.
Key Information
Key USCIS forms referenced
in this guide
Form #
Arrival-Departure Record I-94
Nonimmigrant Visa Waiver
Arrival-Departure Record
I-94W
Petition for Nonimmigrant Worker I-129
Application to Extend/Change
Nonimmigrant Status
I-539
Other U.S. Government Services–Click or Call
General
Information
www.usa.gov (800) 333-4636
New
Immigrants
www.welcometoUSA.gov
U.S. Dept.
of State
www.state.gov (202) 647-6575