How to Handle US Form I-539 Change of Status Applications

Form I-539, Application to Extend/Change Nonimmigrant Status, is used by nonimmigrants in the U.S. who wish to either extend their stay or change their visa status. This form is most commonly used by individuals in categories such as B-1/B-2 (Visitor), F-1 (Student), H-4 (Dependent of an H-1B), L-2 (Dependent of an L-1), and others.

Contents

Filing Form I-539 properly is essential to maintaining lawful immigration status in the U.S. and avoiding issues like unlawful presence, which can lead to future visa denials or bans. In this guide, we will discuss who can file Form I-539, when to file, how to complete the form, and common pitfalls to avoid.

What is Form I-539?

Form I-539 serves two primary purposes:

Change of Status (COS): If a nonimmigrant wishes to switch to a different visa category while remaining in the U.S. (e.g., from a B-2 visitor visa to an F-1 student visa).
Extension of Stay (EOS): If a nonimmigrant wants to extend their authorized stay beyond the expiration date on their I-94 record.

This form cannot be used by all visa holders. Certain categories, such as C (Transit Visa), D (Crewmember Visa), K (Fiancé Visa), and V (Nonimmigrant Spouse/Child of a Green Card Holder), are ineligible for a change of status.

Who Can File Form I-539?

Form I-539 is typically used by nonimmigrants in the following situations:

✅ B-1/B-2 Visitors: Extending a stay or changing to a student, work, or other nonimmigrant visa.
✅ F-1 or M-1 Students: Changing to another nonimmigrant category, such as H-4 or B-2.
✅ H-4, L-2, O-3, or E-2 Dependents: Extending stay or changing to another nonimmigrant category.
✅ Other Eligible Nonimmigrants: Those who need to extend their stay or change status within the U.S.

When to File Form I-539

1. Timing for Change of Status Applications

File before your I-94 expires – Applying before the expiration date on your I-94 Arrival/Departure Record ensures you remain in the U.S. legally while USCIS processes your application.
If you apply after your I-94 has expired, your application will likely be denied unless you can prove exceptional circumstances.

2. Timing for Extension of Stay Applications

It’s recommended to file at least 45 days before your current status expires.
Filing early allows enough time for USCIS processing, which can take several months.

How to Complete Form I-539

Step 1: Download the Form

Obtain the latest version of Form I-539 from the USCIS website to ensure compliance with the most current requirements.

Step 2: Gather Required Documents

Depending on whether you’re applying for a change of status or an extension of stay, you may need:
✔ A copy of your current Form I-94 (Arrival/Departure Record)
✔ A copy of your visa stamp and passport bio page
✔ Proof of financial support (bank statements, sponsor letter, employment verification, etc.)
✔ A letter explaining the reason for requesting the change or extension
✔ Additional documents depending on your visa type (e.g., Form I-20 for F-1 students)

Step 3: Fill Out Form I-539

Section 1: Information About You

Enter your name exactly as it appears on your passport.
Provide your date of birth, current immigration status, and SEVIS number (if applicable).

Section 2: Application Type

Select whether you are applying for a change of status or an extension of stay.
Indicate the new visa category you are applying for (e.g., from B-2 to F-1).

Section 3: Processing Information

Answer whether you’ve been denied a visa or violated your status before.
If you have any immigration violations, provide details and supporting documents.

Section 4: Additional Information

Provide details about any dependents included in your application (if filing together).

Section 5: Applicant’s Declaration and Signature

Carefully read and sign the declaration.
If an attorney is filing on your behalf, they must complete Form G-28 (Notice of Entry of Appearance as Attorney).

Filing Fees and Payment

As of the latest USCIS fee schedule:

The filing fee for Form I-539 is $370.
Biometrics fee: An additional $85 is required for fingerprinting and background checks.
Payment can be made via check, money order, or credit card (using Form G-1450 for credit card payments).

Note: Fee amounts are subject to change, so always check the USCIS website for updates before submitting your application.

How to Submit Form I-539

Option 1: Online Filing

USCIS now allows online submission for some applicants.
Online submission provides faster processing updates and reduces paperwork errors.

Option 2: Mail Filing

If filing by mail, send the form to the appropriate USCIS Lockbox or Service Center based on your location and visa type.
Use USPS Priority Mail, FedEx, or UPS to track your application.

What Happens After Filing Form I-539?

1. USCIS Receipt Notice (Form I-797C)

Within 2-4 weeks, USCIS will send a receipt notice confirming they have received your application.
The notice includes a receipt number to track your case online.

2. Biometrics Appointment

Most applicants must attend a biometrics appointment at a USCIS Application Support Center.
You will receive a Biometrics Appointment Notice with the date, time, and location.

3. USCIS Decision (Approval or Denial)

Processing times vary but typically take 2-6 months, depending on the workload at USCIS.
If approved, USCIS will issue a new Form I-94, reflecting your new status or extension.
If denied, USCIS will provide a denial notice explaining the reason and whether you must leave the U.S.

Common Mistakes to Avoid

🚫 Filing After I-94 Expiry: Late filings can result in visa denials and unlawful presence issues.
🚫 Incorrect Fees: Submitting the wrong filing fee can cause your application to be rejected.
🚫 Missing Documents: Incomplete applications may be delayed or denied.
🚫 Unauthorized Work: If changing to a visa category that allows work (e.g., F-1 OPT), do not work until authorized.
🚫 Traveling While Change of Status is Pending: Leaving the U.S. while Form I-539 is under review may lead to abandonment of your application.

Special Situations

1. Changing from B-2 Tourist to F-1 Student

You must not enroll in classes until your change of status is approved.
Provide an I-20 from your school and proof of financial support.

2. Changing from H-4 to F-1

If your H-4 status is expiring soon, you may need to travel and apply for an F-1 visa abroad instead.

3. Premium Processing for Form I-539

As of recent updates, USCIS has introduced premium processing for certain I-539 categories, reducing wait times.

Conclusion

Filing Form I-539 correctly is critical for maintaining lawful nonimmigrant status in the U.S. Whether applying for a change of status or an extension of stay, ensuring timely filing, accurate documentation, and adherence to USCIS guidelines can improve your chances of approval.

If you are unsure about your eligibility or have complex immigration circumstances, consulting an immigration attorney may be beneficial.