Extension of Stay

Frequently Asked Questions & Answers

6. When do I fall out-of-status?

As a foreign national in the U.S., you will fall out-of-status if you:

  1. Stay beyond your authorized period of stay
  2. Accept unauthorized employment
  3. Take any other action that is not consistent with the terms of your admission

7. When do I apply for Extension of Stay in USA?

The United States Citizenship and Immigration Services (USCIS) recommends that you file your Extension of Stay application at least 45 days before your authorized stay expires. The USCIS Service Center must receive your application by the day your authorized stay expires.

Check My Eligibility

8. What happens if I apply for Extension of Stay after my authorized stay in the U.S. has expired?

If you are late in filing for an extension and your authorized stay has already expired, you must prove that:

  1. The delay was due to extraordinary circumstances beyond your control
  2. The length of the delay was reasonable
  3. You have not done anything else to violate your nonimmigrant status (such as work without United States Citizenship and Immigration Services approval)
  4. You are still a nonimmigrant. (This means you are not trying to become a permanent resident of the U.S. There are some exceptions.)
  5. You are not in formal proceedings to remove or deport you from the country

9. How do I get another Form I-94, Arrival-Departure Document, if the original is submitted with my Extension of Stay application?

If your Extension of Stay application is approved, you will be issued a new Form I-94 with a new departure date. If your application is denied, your original Form I-94 will be returned with a request for your immediate departure.

10. How do my dependants apply for Extension of Stay?

If your employer files Form I-129, Petition for Alien Worker, for you, then your dependants must file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any required supporting documents to extend their stay.

If you are filing Form I-539 for your own extension, you may include your dependants (spouse and any unmarried children under the age of 21) in your application if you are all in the same nonimmigrant category. You may also include your spouse or children in your application if they were given derivative nonimmigrant status.