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Extension of Stay - Frequently Asked Questions


How do I apply for Extension of Stay?

If you are in the following categories of nonimmigrants, your employer should file Form I-129, Petition for Nonimmigrant Worker, and any supporting documents:

E-International Traders and Investors
H-Temporary workers
L-Intra company transferees
O-Aliens of Extraordinary Ability

P-IEntertainers and Athletes
Q-Participants in International Exchange Programs
R-Religious workers
    TN-Canadians and Mexicans under NAFTA

If you are in the following nonimmigrant categories, you should carefully read and complete Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any supporting documents:

A-Diplomatic and other government officials, and their dependants and employees

B-Temporary visitors for business or pleasure
F-Academic students and their dependants
G-Representatives to international organizations and their dependants and employees
I-Representatives of foreign media and their dependants

J-Exchange visitors and their dependants
M-Vocational students and their dependants
N- Parents and children of people who have been granted special immigrant status because their parents were employed by an international organization in the U.S.

Working, Living And Studying In USA: 127 Different Visas

Insider's visa guide to working, investing or moving to U.S. for an extended period of time


When do I fall out-of-status?

As a foreign national in the U.S., you will fall out-of-status if you:

  • Stay beyond your authorized period of stay
  • Accept unauthorized employment
  • Take any other action that is not consistent with the terms of your admission
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