Form I-539

Application to Extend/Change Nonimmigrant Status

Filed by nonimmigrants already in the U.S. to extend their current status or change to a different nonimmigrant classification.

Filing Fee

$370

Processing Time

3 to 8 months (varies by service center and type of request)

Who Files

Nonimmigrant visa holders in the U.S. seeking to extend their stay or change their visa classification.

What is Form I-539?

Form I-539 is used by nonimmigrant visa holders who are already in the United States to apply for an extension of their authorized stay or a change to a different nonimmigrant status. This form covers categories such as B-1/B-2 visitors, F-1 students, H-4 dependents, and others who need to modify their immigration status without leaving the country.

Key Points

Must be filed before your current authorized stay expires

Cannot be used to change to or from certain visa categories (e.g., cannot change from visa waiver to most statuses)

Dependents and co-applicants can be included on Form I-539A

Filing receipt does not authorize continued stay if the original I-94 has expired, unless specific conditions apply

Biometrics appointment may be required

Frequently Asked Questions

QCan I stay in the U.S. while my I-539 is pending?

If you filed the I-539 before your authorized stay expired and the application is still pending, you are generally considered to be in an authorized period of stay. However, this does not guarantee approval, and if the application is denied, any time spent beyond the original I-94 date may be considered unlawful presence.

QWhat is the most common use of Form I-539?

The most common use is extending B-1/B-2 visitor status. Visitors who need to stay beyond their authorized period (typically 6 months) can file I-539 to request an extension. Other common uses include changing from B-2 to F-1 student status or extending dependent visa statuses.

QCan I work while my I-539 change of status is pending?

No, filing an I-539 to change status does not authorize employment. You cannot begin working until the change of status is approved and, if applicable, you have received a valid Employment Authorization Document (EAD). Working without authorization can result in denial of the application.

Practical Tips

File at least 45 days before your I-94 expiration date to allow time for processing

Include a detailed explanation letter stating the reason for the extension or change of status

Keep copies of all submitted documents and the filing receipt as proof of timely filing

Related Forms

Form I-94

Arrival/Departure Record

Documents a traveler's arrival and authorized stay period in the United States.

Form I-765

Application for Employment Authorization

Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.

Form DS-160

Online Nonimmigrant Visa Application

Required online application for all nonimmigrant visa applicants at U.S. Embassies and Consulates.

Form I-129

Petition for a Nonimmigrant Worker

Filed by U.S. employers to petition for a foreign worker to come to or remain in the U.S. temporarily in a nonimmigrant worker classification.

Related Visa Types

B-1 Visa

B-1 Business Visitor Visa

Temporary visa for business activities such as meetings, conferences, and contract negotiations in the U.S.

F-1 Visa

F-1 Student Visa

Visa for international students enrolled in academic programs at U.S. educational institutions.

H-4 Visa

H-4 Dependent Visa

Dependent visa for spouses and unmarried children under 21 of H-1B, H-2A, H-2B, and H-3 visa holders.

J-1 Visa

J-1 Exchange Visitor Visa

Visa for individuals approved to participate in exchange visitor programs in the U.S.

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