Form I-539: How to File to Extend or Change Nonimmigrant Status

Immigration » Change of status » Form I-539 guide

Form I-539 is the main application used to ask USCIS to extend a stay or change to another nonimmigrant status when no employer petition is required. It is also used by many dependents of work visa holders.

Who uses Form I-539

Visitors who need more time.
Dependents of work and student visa holders.
People changing from one status to another where the new status does not require a petition filed by an employer.

What to include

The completed form and the filing fee, as published by USCIS.
Photocopies of the passport, the I-94 record and the current approval notices.
Evidence that you have kept your status and that you can support yourself.
A clear explanation of why you need more time or the new status.
For dependents, a copy of the principal’s approval and proof of the relationship.

Timing

File before your current stay expires. A late request is allowed only in narrow situations when the delay was beyond your control and you can show that you meet the other requirements. Do not wait for the last day.

After filing

USCIS sends a receipt notice.
USCIS may schedule biometrics.
While the case is pending, you are usually considered to be in a period of authorized stay, but you generally cannot work unless your current status allows it.
USCIS may issue a request for evidence, which must be answered by the deadline.

Possible outcomes

Approved: you receive a new notice with a new I-94.
Denied: you may be out of status. Plan to leave or file another application if one is available. We review options right away.

Mistakes to avoid

Using an old version of the form.
Missing signatures or documents.
Filing after status has expired without a strong explanation.
Leaving the country while the application is pending.

Change of status guide

How our firm helps with change of status

We choose the right form and timing so the request is filed before your status expires.
We review risks such as intent, travel and unauthorized work before you file.
We plan the transition so there is no gap in work or study authorization.
We prepare the explanation and evidence needed to support the request.

Situations we handle

Students moving to work status
Dependents who are aging out
Visitors with changed plans
Workers changing between visa categories

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with change of status

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.