Quick Answer
A change of status lawyer helps a temporary visa holder who is already in the United States extend their stay, change to a different nonimmigrant status, or move to a new employer. Visitors, dependents, and people changing to student status usually use Form I-539. H-1B and L-1 workers use Form I-129, which the employer files. The key rule is to file before authorized stay ends.
- Form I-539 covers many extensions and changes of status for visitors, dependents and students.
- Form I-129 is the employer's petition for H-1B and L-1 workers.
- File before your authorized stay expires, not after.
- Staying in status is a condition for approval.
- This page does not cover green cards.
Introduction
A visitor arrives for a family event and then learns that a relative is seriously ill. She needs more time, but her I-94 record shows a departure date that is only weeks away. She has to decide what to file and when.
Temporary visa holders face this choice often. A worker changes jobs. A spouse of a student needs more time. A visitor's plans change. Each situation has its own form, its own filer and its own deadline.
This page explains how extensions and changes of status work for nonimmigrants. If you are looking for a change of status lawyer or a visa extension lawyer, it will help you see what is filed, who files it and where cases go wrong. For green cards, see the firm's green card page.
Extension of Stay Versus Change of Status
An extension of stay asks USCIS for more time in the same status. A change of status asks USCIS to move you from one nonimmigrant status to another, such as from a visitor to a student.
The two are different requests. You can need one, the other, or both. A person who wants to stay longer and also study, for example, is asking for a change of status.
A visa and a status are also different things. The visa in your passport lets you apply to enter. Your status, and the date on your I-94 record, controls how long you may stay. The firm's page on an expired visa explains why an expired visa stamp is not always an overstay.
The firm's page on duration of status covers people whose stay is not tied to a fixed date. If that describes you, read it before you assume a deadline.
Form I-539 for Visitors, Dependents and People Changing to Student Status
USCIS describes Form I-539 as the application for certain nonimmigrants to extend their stay or change to another nonimmigrant status. You must have been lawfully admitted as a nonimmigrant. Many visitors and dependents use it.
Some categories cannot use it. USCIS lists categories that cannot extend or change status, and it limits J-1 and M-1 applicants. Check the form instructions for your category before you file.
USCIS also says certain employment categories, including H-1B, L-1 and O-1, must use Form I-129 instead. A worker cannot file an I-539 to replace the employer's petition.
The USCIS page says you can file online before your authorized stay expires. It advises filing at least 45 days before the stay expires, or as soon as you decide to extend or change status.
A lawyer reviews your category, your I-94 record and your history in status before anything is filed. That review often decides whether the filing is the right one.
Dependents deserve special attention. A spouse or child often depends on the main visa holder's status. If the main holder's status changes, the dependent's request has to be planned around it.
Students and their families should also plan ahead. The firm's page on student visas explains the basics of that category.
Form I-129 for H-1B and L-1 Workers
Form I-129 is a petition that an employer, called the petitioner, files for a worker. USCIS says it covers H-1B and L-1 workers, along with several other classifications. The worker does not file it alone.
An H-1B visa extension lawyer or an L-1 visa extension lawyer usually works with the employer on this petition. The USCIS I-129 page says that when a worker's I-94 would expire before the approved period ends, the petitioner must file a request for an extension of stay before that date.
The same form can be used to request a change of status to certain classifications. For a blanket L petition, USCIS says a change of status request must include Form I-129S.
For H-1B workers, USCIS describes an initial period that is generally up to 3 years that can be extended for up to 3 more. The general maximum is 6 years, with limited exceptions listed on the USCIS H-1B page.
These limits are why timing and records matter. A work visa extension lawyer keeps track of your dates so the next filing is made while you are still in status.
Changing Employers on a Work Visa
A worker who moves to a new job needs the new employer to file a petition. A work visa transfer lawyer helps both sides decide when to file and what to include.
For H-1B workers, USCIS describes portability. You may start with the new employer once it properly files a non-frivolous Form I-129 for you, or on the requested start date if that is later. You must not have worked without authorization since your last admission, and the new employer must file before your authorized stay expires.
USCIS also says that if the new petition is denied, the portability authorization ends at that point. That is a real risk to discuss before you leave your old job.
If your employment ends, USCIS says you have up to 60 consecutive days, or until your validity period ends if that comes sooner, to find new work, change status or depart. Count those days from the day the job ends, and ask a lawyer to confirm them. This is available once per approval period, you may not work during it, and DHS can shorten it.
In our experience, the document workers most often lack when they change jobs is a complete record of their own prior approvals and I-94 history. Gather these before the new employer files.
Maintaining Status and Overstay Risk
An extension or change of status is not automatic. The federal regulations tie approval to staying in status. Under 8 C.F.R. § 214.1(c)(4), an extension may not be approved for a person who failed to maintain status.
The change of status rule is similar. Under 8 C.F.R. § 248.1(b), a change of status may not be approved for a person who failed to maintain the previous status, or whose status expired before the request was filed.
The regulations allow USCIS to excuse a late filing in limited cases. The applicant must show extraordinary circumstances beyond their control, no other status violation, continued nonimmigrant intent and no removal proceedings, and that the delay was reasonable given those circumstances. That is discretionary and hard to prove.
For that reason, a late filing is a poor plan. An overstay can end the chance of staying lawfully through a simple filing. If you think you are close to the end of your stay, speak to a lawyer now.
A visa status lawyer can also check that you have not done something that breaks status, such as working without authorization. Raise any such concern in your first conversation, so the plan accounts for it.
Keep your records current. Your I-94 record can be checked online, and errors are easier to fix early. Compare the date it shows with the date in your approval notice.
Keep copies of everything you file. If USCIS asks a question months later, the original file is your strongest proof of what you submitted and when.
Visitors and B-1/B-2 Extensions
Visitors in B-1 or B-2 status can be in the same position as the traveler in the opening of this page. Plans change, and more time is needed. A b1/b2 visa extension attorney helps decide if an extension request fits the facts.
Because visitors fall among the nonimmigrants who may use Form I-539, the same timing rule applies. File before the authorized stay ends, and explain the reason for the extra time with documents.
Not every request is a good idea. If you have already overstayed, or if your original purpose of the visit no longer fits your plan, the better step may be to leave. A frank review of that choice is part of the consultation.
If you decide to extend, give USCIS a clear and honest reason. Explain what changed, how long you need and why you will leave when the extra time ends.
Business visitors can often be helped by phone or video. You do not have to be near the firm's offices to ask whether an extension makes sense.
Checklist: What You Need
- Your passport, including the biographical page and any prior visas.
- Your most recent I-94 record, showing your authorized stay.
- Any approval notices, such as Form I-797, from earlier filings.
- For workers, the employer's contact and a description of the job.
- For dependents, proof of your relationship to the main visa holder.
- Your main visa holder's current status documents.
- A short written reason for the extension or change.
- Records of travel in and out of the United States.
- Any notice you received from USCIS, ICE, CBP or a court.
- The date you want the new status to begin.
Timeline and Process
The table shows the general stages. USCIS sets the pace of its own review. For current times, check the current USCIS processing times page and look up Form I-539 or Form I-129.
| Stage | What happens | Who acts |
|---|---|---|
| Review | Check status, I-94 dates and the correct form | You and the lawyer |
| Preparation | Gather documents and complete the form | You, the employer if any, and the lawyer |
| Filing | File before authorized stay ends | You (I-539) or the employer (I-129) |
| Receipt | USCIS sends a receipt notice | USCIS |
| Possible requests | USCIS may ask for more evidence or biometrics | USCIS and you |
| Decision | USCIS approves or denies the request | USCIS |
Keep every receipt notice. Do not travel abroad while a request is pending without first asking a lawyer how that could affect it.
Cost Factors
Costs depend on the form, the category and who pays. This page lists no amounts, because fees change. Use the USCIS fee schedule for the filing fee, and ask the firm about its own fees.
| Item | Amount | Notes |
|---|---|---|
| USCIS filing fee for Form I-539 | Check the current USCIS fee schedule | Depends on the category and filing method |
| USCIS filing fee for Form I-129 | Check the current USCIS fee schedule | The employer is usually the filer |
| Biometrics, if requested | Check the current USCIS fee schedule | Confirm in the instructions |
| Attorney fees | Ask during your consultation | Depend on the scope of work |
| Translations and copies | Ask during your consultation | Needed only for some documents |
Common Mistakes to Avoid
- Filing after the authorized stay has already ended.
- Assuming an expired visa stamp and an expired I-94 record are the same.
- Using Form I-539 when the category requires an employer's Form I-129.
- Starting a new job before the employer has properly filed.
- Leaving the country while a request is pending without advice.
- Sending incomplete or inconsistent records.
- Waiting until the last week to ask for help.
- Ignoring a request for evidence from USCIS.
- Relying on a friend's case, since categories differ.
When to Contact Vasquez Law Firm
Contact the firm when your authorized stay is within a few months of ending. Contact it sooner if you plan to change jobs, add a dependent or switch to a different status.
Call if you are unsure how long you may stay, or if you may already be out of status. Early advice leaves more options open.
Bring your passport, your I-94 record and any notices to the first call. A lawyer can often tell from those three items whether the case is simple or needs more work.
Employers are welcome to call too. A company that sponsors workers can ask how a petition fits its hiring plans and what the worker must provide.
The firm's page on work visas covers employment categories. Students can read about student visas. If you searched for a temporary visa lawyer or temporary visa attorney, the firm can discuss your category with you.
About Vasquez Law Firm
Vasquez Law Firm is led by attorney William J. Vásquez. The firm has offices at 4426 Louisburg Road, Suite 206, Raleigh, NC 27616 and 612 South Brightleaf Boulevard, Smithfield, NC 27577.
Immigration help is also available nationwide by phone and video. Consultations are in English and Spanish, and a free consultation is available when the case qualifies. Call 1-844-967-3536.
Frequently Asked Questions
What is the difference between an extension of stay and a change of status?
An extension asks USCIS for more time in the same status. A change of status asks USCIS to move you to a different nonimmigrant status. You may need one or both.
Who files Form I-539?
Certain nonimmigrants file it themselves to extend their stay or change status, according to USCIS. Many visitors and dependents use it. Some categories cannot use it, so check the form instructions.
When should I file an extension request?
File before your authorized stay expires. USCIS advises filing at least 45 days before the stay ends, or as soon as you decide to extend or change status.
Can I file Form I-539 for an H-1B or L-1 extension?
No. USCIS says H-1B, L-1 and O-1 classifications must use Form I-129, which the employer files.
Can I start working for a new H-1B employer right away?
USCIS says you may start once the new employer properly files a non-frivolous Form I-129 for you, or on the requested start date if later. You must not have worked without authorization since your last admission.
What if my job ends while I am on an H-1B?
USCIS says you have up to 60 consecutive days, or until your validity period ends if that comes sooner, to find new work, change status or depart. Ask a lawyer to confirm your dates. This is available once per approval period, you may not work during it, and DHS can shorten it.
How long can an H-1B worker stay?
USCIS describes an initial period that is generally up to 3 years, extendable for up to 3 more, for a general maximum of 6 years. Limited exceptions exist on the USCIS H-1B page.
Can I get an extension if I already fell out of status?
Under 8 C.F.R. § 214.1(c)(4), an extension may not be approved for a person who failed to maintain status. USCIS may excuse a late filing only in limited cases. Speak to a lawyer promptly.
Can a visitor on a B-1 or B-2 extend their stay?
Visitors are among the nonimmigrants who may use Form I-539, so an extension may be possible. It depends on the facts, and the request should be filed before the authorized stay ends.
Does this page cover green cards?
No. This page covers temporary nonimmigrant extensions and changes of status. For permanent residence, see the firm's green card page.
Sources and References
- USCIS: Form I-539, Application to Extend/Change Nonimmigrant Status
- USCIS: Form I-129, Petition for a Nonimmigrant Worker
- USCIS: H-1B Specialty Occupations
- 8 C.F.R. § 214.1, Requirements for admission, extension, and maintenance of status
- 8 C.F.R. § 248.1, Eligibility for change of status
- USCIS: Filing fees
- USCIS: Processing times
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