Extension of Status
If you are currently on a nonimmigrant Visa, and you would like to extent your stay in the same category, you may apply for an extension of status if:
- You were lawfully admitted into the U.S. as a nonimmigrant
- You did not perform an act that would make you ineligible to receive an immigration benefit
- Your I-94 did not expire (there are very limited circumstances that would excuse a late filing)
- You have a valid passport
If you are on a nonimmigrant work visa (H, TN, L, E, O, P, Q, R), you must extend your status through your employer before your I-94 expires. Your spouse and child (under 21 years) may extend their status at the same time.
You may file up to 6 months before your I-94 expires but you should file no later than 60 days prior to your I-94 expiration.
If your status expires before you file for an extension or if you have otherwise violated the terms of your nonimmigrant visa (such as working if not permitted) you are considered out of status. If you have fallen out of status, except in very limited circumstances beyond your control, you may not be able to receive an extension on your visa. Staying beyond the granted period of admission, may have negative effects on your ability to obtain future immigration benefits and entry.
An extension of status is not automatic. USCIS will make a determination if you are eligible to extend your current status and how long this status will be granted.
Please note that each nonimmigrant visa categories has limits on the length of stay permitted.
