Extending/changing status after traveling to the USA

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

1. Can you change your visa status while in the US?
2. Can you stay in US while change of status pending?
3. What happens if I leave the US before my i-539 Application to Extend status is approved?
4. Can I stay in the US while my i-539 is being processed?
5. How long can you stay in the US after your visa expires?
6. Can I work during change of status?
7. What happens if change of status is denied?
8. When should I apply for change of status?
9. Can I work while my adjustment of status is pending?
10. What happens if my visa extension is denied?
11. How do I extend my stay in USA?
12. How long does it take for Uscis to approve I-539?

Can you change your visa status while in the US?

To change your status while in the United States, you (or in some cases, your employer) must file a request with USCIS on the appropriate form before your authorized period of stay expires.

Can you stay in US while change of status pending?

You must remain in the U.S. while your application is pending. If you leave the U.S., USCIS will consider your application abandoned and deny the application.

What happens if I leave the US before my i-539 Application to Extend status is approved?

If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your ...

Can I stay in the US while my i-539 is being processed?

If so, that's where Form I-539 comes in. It allows you to stay in the United States and ask USCIS to change or extend your status. Important note: If and when you do leave the U.S., you will need another visa in order to return. You will have to stop by a U.S. consulate to pick up that visa.

How long can you stay in the US after your visa expires?

The new rule provides that you're still in lawful status, in other words permitted to remain in the U.S., for up to 60 days between jobs. There are two circumstances that could shorten the 60-day period, however. The first is the date your I-94 Departure Record expires, which is explained above.

Can I work during change of status?

If you have an adjustment of status application pending and are working, however, your employment is not authorized unless: you have filed Form I-765 for a work permit, or. you have a nonimmigrant visa that authorizes you to work for a specific employer, for example, an H-1B visa.

What happens if change of status is denied?

Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.

When should I apply for change of status?

USCIS recommends that you apply as soon as you determine that you need to change to a different nonimmigrant category. If USCIS denies your application, be prepared to leave the United States when your current status expires.

Can I work while my adjustment of status is pending?

Q: Can I work while my adjustment is pending? Yes. You can work under your current non-immigrant status as long as it is valid, however, unless you are an H-1B or L-1, your non-immigrant status cannot be extended once you have applied for an I-485.

What happens if my visa extension is denied?

If the extension request is denied, the applicant is immediately determined to be out of status and the B and or B-2 visa is automatically cancelled under INA Section 222(g).

How do I extend my stay in USA?

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

How long does it take for Uscis to approve I-539?

As per USCIS guidance, typically they would take about 17 days on average to complete the I-539 biometric process from the day they receive the I-539 application(assuming no re-schedules) form.