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Last reviewed: October 16, 202615 official sources

Change of status and extension of stay (from inside the United States)

IN SHORT

The application is based on the authorized period of stay in the I-94 record, not the date on the visa.
For classifications such as B, F, M, and J, file I-539; for many worker classifications, the employer files I-129.
The application must reach USCIS before the I-94 date expires.
Do not begin a new activity before approval and do not travel abroad while a change-of-status application is pending.
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This page is for people who are temporarily in the United States on a visa and want to extend their stay or change their purpose. For example, those who came as tourists and want to become students, want to change to another status after leaving a job, or want to extend the stay of family members. The application is filed with USCIS before your authorized period of stay expires. Below, you will find which form to use, the steps, fees, addresses, and downloadable forms.

Check your I-94 record first

  • Your I-94 record shows your status and the date you must leave the United States—not the date on your visa. You can view and print the record at i94.cbp.dhs.gov using "Get Most Recent I-94".
  • If there is an error on your I-94 (name, date of birth, visa class, duration): CBP corrects errors made at entry. Go to the CBP office at the nearest airport or to a Deferred Inspection Site. Form I-102 is not filed for this.
  • If you entered by air or sea, your record is electronic; you can reprint a lost I-94 from this site.
  • If a paper I-94 was lost, stolen, or never issued: File Form I-102 with USCIS. The fee is $560 plus a $24 I-94 fee.
Source [1, 2, 3, 4]

Which form: I-539 or I-129?

  • Form I-539: People in classifications such as tourists (B), students (F, M), exchange visitors (J), and journalists (I), as well as all family members (H-4, L-2, E dependents, O-3, P-4), apply themselves.
  • Spouses and unmarried children under 21 may be included on the same I-539. A separate Form I-539A must be completed and signed for each additional person.
  • Form I-129: The employer applies for E-1, E-2, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P, Q-1, R-1, and TN workers. An E investor files it for themselves.
  • If an I-539 is filed for these worker classifications, the application will be denied and the fee will not be refunded.
Source [5, 6]

Who can and cannot apply

  • Common requirements:
    • having entered legally with a visa
    • having a status that is still valid
    • not having violated the conditions of your status (for example, by working without authorization)
    • not having committed a crime that would prevent you from obtaining a visa
    • having a passport valid for the requested period of stay
  • People who cannot extend their stay or change status: People who entered under the Visa Waiver Program (Türkiye is not in this program), transit (C) or visa-free transit travelers, crew members (D), people who entered with a fiancé(e) visa (K-1, K-2), and S visa holders.
  • Restrictions:
    • M-1 vocational students cannot change to F-1.
    • J-1 holders subject to the two-year home-country residence requirement can change only to A or G status without obtaining a waiver (see 2.3).
    • J-1 holders who came to the United States for medical residency cannot change status without obtaining a special waiver.
  • Situations that do not require an application:
    • Entering with B-1 and remaining as a tourist within the authorized period.
    • Spouses and children of A, E, G, H, I, J, and L holders attending school. F and M dependents may study only in primary and secondary school.
Source [6, 7]

When to apply

  • The application must reach USCIS before the date on your I-94 expires.
  • USCIS recommends applying at least 45 days before the expiration date, but generally no more than 6 months before.
  • If there will be a gap between two statuses, you may need to file a separate I-539 to cover the intervening period ("bridge").
  • A late application may be accepted only if all of the following conditions apply: the delay resulted from extraordinary circumstances beyond your control; the delay was reasonable; you did not otherwise violate your status; you are still a genuine temporary visitor; and you are not subject to removal proceedings.
Source [5, 8]

Step by step: Form I-539

  1. Check the list above to determine whether you qualify.
  2. Prepare the documents: copies of everyone’s I-94, passport copies, and evidence based on your classification.
    • For a B-1/B-2 extension, include a signed statement explaining why you want an extension, why the stay is temporary, and your departure plan (for example, a return ticket), the effect on your job or residence in Türkiye, and how you will support yourself in the United States.
    • Include a complete English translation and translator’s certification for documents in a foreign language.
  3. Complete the form. Add I-539A for additional people. You must sign the form; a parent or guardian signs for a child under 14. An unsigned form will be rejected.
  4. File it online through your USCIS account or by mail. Mailing addresses changed on October 7, 2026; check the address on the I-539 address page. Items sent to the old address through November 9, 2026, are accepted.
  5. Pay the fee: $470 (paper) or $420 (online).
  6. A receipt notice (I-797C) will arrive. USCIS may schedule a biometrics appointment if necessary; failure to attend may result in denial.
  7. If additional evidence is requested (RFE), respond within the deadline.
  8. Track the case using your receipt number on the USCIS Case Status page.

Pay attention to the form edition: Due to a court decision, USCIS is currently accepting the 08/28/24 edition of Form I-539; it is not accepting the 09/15/26 edition. Check the edition date at the bottom of the form before submitting.

Source [4, 5, 8]

Workers: Extension and change of status with I-129

  • The employer includes documents showing that you maintained your previous status, such as pay stubs, W-2s, tax returns, and contracts.
  • The I-539 applications of spouses and children filed in the same package as an H-1B or L-1 petition (and the spouse’s I-765) are reviewed together.
  • With premium processing (I-907), a decision is issued within 15 business days. For fees, see 2.4 Work visas.
  • Additional periods: E, H-1B, L-1, and TN holders may enter up to 10 days before the petition period and remain for 10 days after it ends; they may not work during these days.
  • Additional 60-day period: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN holders may remain in status for up to 60 days if their employment ends, or until the end of their authorized period, whichever comes first. This benefit may be used once during each approved petition period; unauthorized work is not permitted during this period. USCIS may shorten this period.
  • H-1B holders may begin work for a new employer once the new employer’s petition has been properly filed. Rules differ for other classifications; for example, P visa holders may not begin a new job before the new petition is approved.
Source [9, 10, 11]

Changing from tourist to student (B → F-1)

  1. Obtain admission from a SEVP-certified school.
  2. Obtain the initial I-20 for "change of status" in writing from the school’s official (DSO).
  3. Pay the I-901 SEVIS fee.
  4. File Form I-539.
  5. Do not begin classes before approval. Studying in B status is prohibited; if you begin studying, you will violate your status and the change will be denied.
  6. If no decision has been issued 15 days before the program start date, speak with your school’s DSO. You may need to defer the start to the next term.
  7. Premium processing: $2,075 with I-907; a decision is issued within 30 business days.
  8. For F-1 rules, see 2.2 Student visa.
Source [4, 12, 13]

While the application is pending and afterward

  • Do not begin a new activity before approval. Failing to maintain status may prevent your return to the United States or result in removal.
  • Traveling abroad while a change-of-status application is pending may result in denial of the request.
  • A denial of an extension of stay cannot be appealed.
  • If you applied after your period expired or worked without authorization, you are considered out of status. In this situation, USCIS recommends that you leave the United States to limit the effect on future applications. See 2.9 Overstay.
  • Status obtained inside the United States is not a visa. After traveling abroad, you must obtain a visa appropriate for your new status from a U.S. consulate (in Türkiye, Ankara or Istanbul) in order to return.
  • If your address changes, notify USCIS.
Source [5, 7, 9, 11, 14]

Where to apply: addresses and phone numbers

  • USCIS online account — File I-539 online
  • USCIS mailing addresses — Form I-539 · Form I-129
  • USCIS Contact Center — case status, appointments, address changes
    • Phone: +1 800 375 5283 (TTY +1 800 767 1833); automated line 24 hours, live support Monday–Friday, 08:00–20:00 U.S. Eastern Time
    • From outside the United States: +1 212 620 3418
  • Premium Processing line (cases filed with I-907): +1 866 315 5718
  • CBP Deferred Inspection Sites — correction of I-94 errors. For sites outside airports, making an appointment in advance is recommended; processing by mail is generally unavailable.
Source [2, 13, 15]

Common mistakes

  • Assuming the date on the visa is the period of stay. The I-94 date controls.
  • Filing I-539 instead of I-129 for worker classifications.
  • Waiting until the last days. The application must reach USCIS before the period expires.
  • Starting school while in B status before approval.
  • Forgetting to extend family members’ stays. Each person has their own I-94 date.
  • Filing I-102 for an I-94 error made by CBP. CBP corrects this error.
  • Using an old edition of the form or an old mailing address.

Frequently asked questions

  • How far in advance can I apply? USCIS recommends applying at least 45 days, and generally no more than 6 months, in advance.
  • Can I work while waiting for an extension? No, if your status does not authorize employment. Rules for worker classifications vary by visa.
  • I came as a tourist; can I become a student? You may obtain an I-20 and apply with Form I-539 before your period expires. Do not begin classes before approval.
  • How long does it take? Processing times vary by form and center. Check the USCIS processing times tool.
  • Can I appeal a denial? A denial of an extension of stay cannot be appealed. In other situations, consult an immigration attorney.
  • I changed my status; do I also need to change my visa? Not while you remain in the United States. If you travel abroad, obtain a new visa to return.
Go to the checklistCheck your I-94 record, prepare the correct form and documents, file with USCIS before the period expires, and track the result.Open the list

Sources

  1. CBP – I-94
  2. CBP – Deferred Inspection Sites
  3. USCIS – Form I-102
  4. USCIS – Fee Schedule G-1055
  5. USCIS – Form I-539
  6. USCIS – Extension of Stay
  7. USCIS – Change of Status
  8. Form I-539 Instructions (PDF)
  9. eCFR – 8 CFR 214.1 (extensions and additional periods)
  10. USCIS – Form I-129
  11. USCIS – H-1B
  12. USCIS – Change to F or M Status
  13. USCIS – Premium Processing
  14. State Department – Temporary Worker Visas
  15. USCIS – Contact Center

Page history

  • The content was compiled from official sources and published.

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