Who this is for
- Visitors (B-1/B-2) who need more time for a valid reason, such as medical treatment or family matters.
- People changing to student status (F-1 or M-1) or to certain other nonimmigrant categories.
- Dependents such as H-4, L-2 or E spouses and children extending or changing status, often alongside the main worker.
- People who have kept their current status and filed before their authorized stay ends.
- Not generally for Visa Waiver (ESTA) visitors, crew members (D), people in transit (C), or K fiancé(e)s, who cannot extend or change this way.
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-539 | Application to Extend/Change Nonimmigrant Status | Main application to USCIS to extend a stay or change nonimmigrant category. |
| I-539A | Supplemental Information for Application to Extend/Change Nonimmigrant Status | Completed for each family member included as a co-applicant. |
| I-129 | Petition for a Nonimmigrant Worker | Filed by an employer instead of the I-539 for work categories such as H-1B, L-1, O-1 or TN. |
| I-94 | Arrival/Departure Record | Shows your current status and the date your authorized stay ends. |
Step by step
- Check your I-94 date and eligibilityDownload your I-94 to see when your authorized stay ends, and confirm your category can be extended or changed inside the U.S.
- File before your stay expiresSubmit Form I-539, online or by mail, before the I-94 date. USCIS recommends filing well in advance, and late filings are accepted only in limited situations.
- Include family membersAdd your spouse and children as co-applicants with Form I-539A when they are in the same situation.
- Attend biometrics if scheduledUSCIS may schedule an appointment to take fingerprints, a photo and a signature for each applicant.
- Respond to any requestsAnswer a Request for Evidence fully and by the deadline. USCIS may also ask about your reasons, funds and plans to depart.
- Receive the decisionIf approved, you get a new I-94 with a new end date or status. If denied, you generally must leave promptly.
Documents usually requested
- Copy of your current I-94 record
- Copy of your passport and U.S. visa
- Written explanation of why you need more time or a new status
- Proof of funds to support yourself during the extra time
- Evidence of plans to leave the U.S., such as a return ticket or job abroad
- For a change to student status, the school's I-20 and SEVIS fee receipt
- Documents for the main worker or student, if you are a dependent
- Medical letters or other proof supporting your reason, if relevant
How long it takes
Processing time depends on the category, the USCIS office and whether biometrics or a Request for Evidence is needed, and a pending case may not be decided before your original I-94 ends. Check current estimates at egov.uscis.gov/processing-times/.
Government filing fees
Form I-539 carries a USCIS filing fee, and biometrics may apply depending on current rules; employer petitions on Form I-129 have their own fees. Fees change, so check uscis.gov/g-1055 before filing.
Working and traveling while you wait
A pending I-539 generally does not give permission to work, and you should not start a new activity, such as classes, until it is approved. Leaving the U.S. while a change of status is pending is generally treated as abandoning that request.
Common mistakes to avoid
- Filing after the I-94 date has passed, which usually leads to denial.
- Starting school or a new activity before the change of status is approved.
- Traveling abroad while the application is pending.
- Using the visa expiration date instead of the I-94 date to plan.
- Filing an outdated edition of the form; check the USCIS form page first.
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Can I stay in the U.S. while my I-539 is pending?
Usually yes, if you filed on time and the request is not frivolous, you generally do not build up unlawful presence while it is pending. However, if it is denied you are generally expected to leave right away, and a pending case does not let you work.
When should I file Form I-539?
Before your I-94 expires, and ideally well ahead of that date. USCIS can excuse a late filing only in limited cases, such as circumstances beyond your control.
Can I change from a tourist visa to a student visa?
In many cases, yes, by filing Form I-539 with an I-20 from an SEVP-certified school. You cannot begin classes until USCIS approves the change, and timing can be hard around school start dates.
Who cannot use Form I-539?
Visa Waiver (ESTA) visitors, crew members, people in transit and K fiancé(e)s generally cannot extend or change status this way. Some J-1 participants subject to the two-year home residency rule and M-1 students changing to F-1 also face limits.
Does my employer file an I-539 for my work visa?
Usually not. Employers generally file Form I-129 to extend or change status for workers such as H-1B, L-1 or O-1, while dependents often use the I-539.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.