Nonimmigrant aliens who remain in lawful nonimmigrant status may apply for an extension of stay at any time prior to the expiration of their current status, as shown on their arrival/departure card (form I-94).

 

In order to qualify to apply for an extension of nonimmigrant status, a nonimmigrant alien must be in lawful nonimmigrant status. This means that the applicant has not overstayed the departure date shown on his or her arrival/departure record (form I-94), nor engaged in unauthorized employment or done anything else in violation of his or her nonimmigrant status.

 

Depending upon the nonimmigrant category into which the applicant seeks an extension of status, two different application forms are used. For those who seek a change of nonimmigrant status for E, H, L, O, or P classification, form I-129 (with the appropriate supplement) is used. This is a combined petition and change of status application. For those seeking all extensions in all other nonimmigrant classifications, an application for change of nonimmigrant status is made on form I-539. Spouses and children of applicants for extension of status into E, H, L, O, or P classification must file their own application, using form I-539.

 

These applications should be filed with the C.I.S. regional service center having jurisdiction over the place where the applicant is living.

 

The application must be filed prior to the expiration of status, as shown on the applicant's form I-94 arrival/departure record. If the applicant for extension of status presently holds E, H, L, O, or P status, and they make a timely application for extension, the law provides for an automatic 240 day extension of status and work authorization.