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Begin by filling out your personal information in Part 1, including your name and Alien Registration Number (if applicable). Ensure all details are accurate.
In Part 2, specify the type of nonimmigrant status you are applying for. Refer to the instructions for guidance on which category applies to you.
Complete Part 3 by providing information about your current status and the reason for your extension or change request. Be detailed and clear.
Attach any required documentation as specified in the instructions, such as copies of Form I-94 and supporting evidence relevant to your application.
Review all entries for accuracy before submitting. Use our platform's features to save and edit your document as needed.
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Can I stay in the US while my Form I-539 is pending?
Remaining in the U.S. more than 180 days beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of three years.
What happens if my nonimmigrant status expires while my extension is pending?
Form I-539 FAQs Can I stay in the U.S. while my Form I-539 is pending? Yes.
Can I stay in the US while my visa extension is pending?
If your nonimmigrant status expires while your extension is pending and you are extending an E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, P-1, R-1, or TN visa, you will still be allowed to remain in the United States and to continue your employment for up to 240 days.
Can I stay in the US while waiting for an adjustment of status?
Filing a 290B motion to appeal/reconsider the case give the filer zero right to stay in the US unless the appeal/reconsideration has been approved. If you are in the US, you will be accruing unlawful time in the US from the date of the I-485 denial.
How long can you stay in the US while I-539 is pending?
Can I stay in the U.S. while my Form I-539 is pending? Yes. Assuming you filed for an extension or change of status before your I-94 expiration date (before your current visa expires), youre generally allowed to remain in the U.S. for up to 240 days while your I-539 application is pending.
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