II Information for Filing Form I-129 (extension) 2025

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Similar to the 240-day rule, if youve filed a Form I-129 petition to extend your nonimmigrant status or change to a different nonimmigrant status, and you submitted the application before the expiration of your current visa, you may be eligible to remain in the U.S. while your I-129 is pending.
How long does it take to process USCIS I-539? The current estimated I-539 processing time ranges from 5 to 14 months, depending on the type of nonimmigrant status requested or extended, ing to the USCIS website.
You can stay in the US while you wait for your application to be processed, as long as you file it on time.
The I-129 petition cannot be filed earlier than six months before the employees start date. USCIS processing times for I-129 petitions vary depending on where the petition is filed and the nonimmigrant status being requested, but you can expect to wait many months.
Yes. though you can remain in the U.S. while your OPT is pending, even beyond the expiry of your grace period. Example: If your completion date is May 19, your grace period expires July 18, and you chose a start date of July 18 for OPT.
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New One-Time Asylum Program Fee (Effective 1 April 2024) Employers must now pay a one-time Asylum Program Fee of US$600 for each Form I-129 and I-140 they file. Small employers will also be required to pay an Asylum Program Fee but at a discount of US$300.

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