When you obtain a non-immigrant visa, you can enter the United States by the date specified on the visa stamp. However, the length of time you can stay in the United States is determined by the date stamped on your passport at the port of entry. This date is specified on Form I-94, which you can print from the CBP website.
More information about Visa and authorized stay period.
If you want to stay in the U.S. longer than originally planned, you will need to extend your nonimmigrant stay in the U.S. many refer to it as”the extension of the visa.” But, in reality, you’re expanding the date not on your visa stamp, but on your I-94 form. You can apply to extend your non-immigrant stay to continue doing the same kind of activities that were initially agreed upon.
You can apply for an extension of your nonimmigrant stay in the United States:
- You were illegally admitted to the United States.
- You have not taken any action that is ineligible to receive an immigration benefit.
- At the discretion of a USCIS official, there is no other factor that requires you to leave the United States before re-entering according to the same classification.
For example, for various reasons, a USCIS officer may determine that you must obtain a new visa before being re-sent to the United States.
- On your I-94 form, you submit an application for an extension of the stay before the expiration date.
You must file at least 45 days before the authorized stay expires, but USCIS must receive the application no later than the day when the authorized stay expires. You can apply no more than 6 months before your I-94 expires.
To file for an extension of the stay after the authorized stay expires, you must show this:
that delay was due to extraordinary circumstances beyond your control;
the length of that delay was reasonable;
o you have not otherwise violated your status as working without a USCIS work permit;
O you are still not a bona fide immigrant; that is, with some exceptions, you are not trying to be a permanent resident of the United States;
you are not in formal removal proceedings to be deported from that country.
Except in the limited circumstances described above, if your authorized stay has expired or if you have worked without permission, you are out of your situation. You must then leave the United States as soon as possible to avoid or minimize the potential impact on your ability to return to the United States.
You will not be able to extend your stay in the United States if you were admitted in any of the following nonimmigrant categories shown on Form I-94:
- Transit C-aliens
- K1 or K2-dependent on fiance(E) or fiance(e) )
- S-Witness or informant (and accompanying family) related to terrorism or organized crime, beyond a total of three years)
- Q-2 – Irish peace process culture and education programme visitor, if accepted on or after 10 December 2004, a total of three years or a total of two years beyond
- Twov-visa-free Transit
- Vwp-Visa Waiver Program
You must leave the United States before or before your I-94 form expires.
Demand Process Overview
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- Employment-Based Categories:
If you are in one of the following employment-based categories, your employer has filed a petition for Form I-129, nonimmigrant worker, before form I-94 expires:
o e – 1 or e-2-Treaty traders and investors
O H-1B,H – 2a, H-2b or H-3-temporary workers
O L-1A or L – 1B-transferred to Intracompany
O o – 1 or o-2-aliens with exceptional ability
o P-1, P-2 or P-3-athletes and entertainers
o Q-1-international cultural exchange visitors
o R-1-religious workers
O TN-1 or TN-2-Canadians and Mexicans under NAFTA
If your spouse and / or unmarried children under the age of 21 also want to extend their status, they must file a Form I-539, application to extend the Nonimmigrant status / interchange. All dependents can be included in an I-539. Both forms, I-129 and I-539, must be filed at the same time so that both can be prosecuted at the same time (or approximately).
If you are in any of the following non-immigrant categories, you must fill out form I-539, application to expand/change non-immigrant status:
o a-3-officials, attendants or personal employees of diplomatic and other government officials and close family
o B-1-business visitors
o B – 2-visitors for pleasure
he is the E-dependents of Treaty traders and investors
o G-5-officers, attendants, personal employees and immediate family of foreign government officials
O H-4-dependents of temporary workers
he followed K – 3 and K-4-U.S. citizen and wife of accompanying young child/to join
o L-2-dependents of an intracompany transfer
o M-vocational students and dependents
O parents and children of some persons who have been granted N-special immigrant status
o NATO-7-Officers, Officers and personal employees of NATO representatives, officials, employees and close family members
o o-3-dependents of foreigners with exceptional ability
o p-4-junkies of athletes and entertainers
o R-2-dependents of a religious worker
o All ” V ” categories-specific second-choice beneficiaries
dependents of TD-TN visa holders
All family members in the same category (husband/wife and unmarried children under the age of 21) (or those with non-immigrant status) can currently be included in a Form I-539. For example, a family with a b-2 visa may apply together, or the primary applicant with a F-1 visa and the dependents with a f-2 visa may apply together.
that’s the application fee. Even if a spouse / child is also in the same form, the total fee must be paid only once, and there is no extra fee for additional applicants. No biometric fees.
O copy of form I-94
O copy of all pages of your passport (including blank ones) must be valid for the entire duration of your requested stay in the United States.
see instructions on Form I-539 for a list of additional documents for that particular category.
Visitor Insurance Overview
Once USCIS receives the application, they will look into it to see if the extension is appropriate. The extension application will be approved or rejected accordingly.
Some time after the application is received by USCIS, it will mail you a receipt. There will be a receipt number that you can use to track your application online.
Online case tracking
If USCIS receives your application before your authorized stay expires, if you have not violated the terms of your status, and if you meet the basic eligibility requirements, you can continue your previously approved activities in the United States. this includes up to 240 days of pre-authorized work until the USCIS makes a decision about your application or until the cause of the extension you requested (whichever comes first) occurs. However, during this time after the competent stay period has expired, the applicant will not be considered to be in any non-immigrant status until the decision is made.
If your application for extension is rejected and your previously authorized stay has expired and you are still in the United States, you will be deemed “stateless” from the date of your stay and you will be required to cease employment (if such employment is authorized) and leave the United States immediately. There is no grace period to leave so as not to be considered without status. The denial letter usually means an additional period of 30 days. This period is to leave voluntarily and gracefully before being forcibly deported from the United States. also, any nonimmigrant visa in your passport issued in connection with such classification becomes invalid at the end of your authorised stay. When your visa is invalid, you will need to apply for a new visa to a U.S. Consulate in your country, not in any third country.