Form I-539 – Extend or Change Nonimmigrant Status
TITLE: Form I-539 – Extend or Change Nonimmigrant Status
WHAT IT IS:
Form I-539 is your request to stay longer in the U.S. in your current temporary (nonimmigrant) category, or to switch to a different nonimmigrant category while you are already here. It is also used for a few special situations: CNMI residents applying for an initial grant of status, F or M students seeking reinstatement, and persons asking for V nonimmigrant status or an extension as a V nonimmigrant. You must file before your authorized stay expires.
WHO NEEDS IT:
You may file if you:
- Were lawfully admitted as a nonimmigrant,
- Have not done anything that would make you ineligible for an immigration benefit,
- Have no other factor that requires you to leave the U.S. before readmission in a different classification,
- And you submit the application before the expiration date on your I-94 Arrival-Departure Record (late filing may be excused only for extraordinary circumstances).
The form is for:
- Certain nonimmigrants extending their stay or changing to another nonimmigrant status,
- CNMI residents applying for an initial grant of status,
- F and M nonimmigrants applying for reinstatement,
- Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant.
Important: You must NOT use Form I-539 if you are seeking to extend stay in, or change to, the following employment-based categories (use Form I-129 instead):
E-1/E-2 principal treaty traders/investors, E-2 CNMI principal investors, E-3 principal specialty occupation workers, H-1B/H-1B1/H-2A/H-2B/H-3, L-1, O-1/O-2, P-1/P-2/P-3/P-1S/P-2S/P-3S, Q-1, R-1, TN-1/TN-2. (Eligible dependents of E principals usually file I-539, unless they are changing to a listed category.)
Also, you generally cannot extend or change status if you hold a C, D, K-1, K-2, S, TWOV, WT, or WB visa classification. J-1 and M-1 have special restrictions—check the official instructions.
HOW TO FILE:
1. Check your eligibility and the correct form. Make sure your situation does not require Form I-129 instead.
2. Read the full official instructions for Form I-539 carefully. The instructions tell you what documents and evidence to include.
3. Fill out the form. You can complete it online (file online) or fill out a paper form. If you print a paper form, use only the current edition and be certain all pages are present and the edition date is the same on every page.
4. Sign and date the form. Missing signatures can cause rejection.
5. Submit before your current stay expires. The expiration date is on your I-94 admission stamp or record. USCIS suggests you file at least 45 days before that date. If you file late, you must show that the delay was due to extraordinary circumstances.
6. File it online or mail it. For mailing addresses, visit the “Form I-539 Direct Filing Addresses” page on the USCIS website. Online filing is also available through the official site.
FEES:
The source page does not list the exact filing fee. Check the official fee schedule at uscis.gov/forms/filing-fees before you file. USCIS will not refund the fee if your case is denied.
CURRENT EDITION & DEADLINES:
- Form edition: 08/28/24 (found at the bottom of form pages). If you mail a paper form, only use this edition. Online filing always uses the current version.
- Filing deadline: You must file before your authorized stay expires (the date on your I-94). USCIS recommends filing at least 45 days before that date. Late filing is only excused for extraordinary circumstances explained in your application.
COMMON MISTAKES:
- Using an outdated paper form edition – always check that the edition date is 08/28/24.
- Forgetting to sign the form – an unsigned application will be rejected.
- Filing Form I-539 when your case requires Form I-129 (for the employment-based classifications listed above) – check the list carefully.
- Missing required supporting documents or evidence listed in the instructions.
- Waiting until after your I-94 expires before submitting, without showing extraordinary circumstances.
WHERE TO GET THE FORM:
Always download the latest form and instructions directly from the official USCIS page: https://www.uscis.gov/i-539. You can also file online there. Never use copies from unofficial websites.
SOURCE: https://www.uscis.gov/i-539
DISCLAIMER: General info from USCIS, not legal advice — always verify on the official page and consult a licensed immigration attorney for your case. English is authoritative.