cover letter i 539

Sample i539 Form Extension, Documents, (B1/B2, H4 COS, F1) – Fill with App

Sample i539 Form for H4 extension within USA with biometric appointment. Form i539A required for child. H4 EAD employment information required. i539 online.

You can file form i539 online on the USCIS website directly for faster processing for your H4 extension if you are filing alone and without the help of an attorney.

• If you have an H4 kid who can normally be added to your H4 extension i539 form, then you cannot file the H4 extension online.
• You can file a B2 extension online if you are filing alone.
• Similarly, filing an F1 extension alone is available for USCIS online filing but not with dependents (F2).

This article will discuss:

Documents for H4 Extension/COS

Common questions, sample i-539 form, i-539a sample, fee calculator, uscis mailing address.

• Form i539 and/or Form i539A
• H4 Visa Stamps in Passport (If Any) – Color Copy
• H1B Primary i797A approval Copy – required only if filing H4 extension separately from H1B extension.
• Check the last approved H4 i797A for the attached paper i94.
• Or if you last entered the USA by any port of entry, download the i94 from the CBP website.
• Or if you got your i94 extended after passport renewal at any Land Border like Laredo, TX, or San Diego, use your paper i94 copy.
• Most Recent Entry to US Immigration Stamp – Check the US immigration stamp in your Passport.
• Passport page with Photo and address. The passport should be valid for at least the next 3 months.
• All OLD Passports Biometric pages are required.

If you are filing an H4 visa stamp outside the USA, then you need to fill out forms DS-160 and NOT i539.

The documents required for H4 Visa stamping in the US embassy are given here .

USCIS i539 Form Filler App

You can use AM22Tech’s app to fill out the USCIS i539 form. The app validates everything and fills in the most recent PDF form for you to avoid mistakes.

Currently, you can file I-539 online only if you are filing for yourself and want to extend or change the status to B-1, B-2, F-1, F-2, H-4, M-1, or M-2 status.  If you need to change your status like changing from H1B to H4, you can file online too if you are filing H4 alone. If you have any other status or are filing with additional applicants like your kid or spouse, you must file a paper  Form I-539.  

The fee for paper i539 and online i539 may be different.

i539 fees for each application are $370.

You can pay your i539 filing fee online if you are eligible to file an i539 form online. If you are filing paper i539, then you can pay by check, money order, or credit card.

USCIS does not refund fees, regardless of the final result of approval or denial.

Yes, USCIS will send the paper receipt notice for your i539 filed online by USPS mail. You will also receive the paper approval notice (i797) with a new i94 by USPS mail.

Yes, you do save time by filing i539 online. The total processing time will be reduced by a couple of days that are consumed by mailing and then entering your data into USCIS systems.

Yes, you will receive your Biometrics appointment notice online. You will need to update your contact information online too if it changes.

You will get Requests for Evidence (RFE) details online in your USCIS account. You can respond to RFE online too.

We are taking up an example of an H4 visa extension for filling out this sample i539 form.

The content is more or less the same for other types like B1/B2, F1, or other types of extensions.

This same form can be used to fill out your H4 extension online on the USCIS website.

Form i539 Part 1:

• Please fill in the H4 US residence address in Questions 4 and 5 to make sure the H4 Biometric Appointment letter is sent to H4’s address .
• We have seen that many attorneys fill their office address here and then USCIS schedules an appointment closer to the Attorney’s Office instead of H4’s physical address. Many people have reported that they got the biometric metric appointment in New Jersey when the H1B is working in Dallas, TX simply because the Attorney who filed the form i539 used his NJ address.
• A number in Q 2: Alien number is written on the H4 EAD card if you have ever got one. If not, then you can leave this field blank.
• SSN in Q 9: If you have never applied for H4 EAD or SSN before, then chances are high that you do not have an SSN. You can leave it blank.
• Passport number in Q 12 : The passport number attached to your current active i94. If you entered the US using your old passport and now have a renewed passport, you should write an OLD passport number here.
• Passport number in Q 14a and b : Your current active and valid passport. If you entered the US using your old passport and now have a renewed passport, you should write the current passport number here.

Form i539 Part 2:

• i539 form Q5a  = Select this box if you are filing an H4 application for yourself and more dependents like your kids.
• i539 form Q5b = Enter the total number of H4 dependents.

If you are a wife of H1B, and you have 2 kids, then you should select Q5a and write ‘2’ in 5b.

If you do not have any kids , then do not select 5a and leave 5b empty. You should select Q4 in this case.

Form i539, Page 3, Part 4:

On page 3 of form i539, Q 14 answer

• Select Yes , if you already have H4EAD and have been working actively using your work authorization.
• If you have H4 EAD and not working, select ‘ No ‘.
• If you do not have H4-EAD at all, then select ‘ No ‘.

Form i539 page 5 can be left blank if you are filing it yourself. If your attorney is filing it, then fill in the Attorney information on page 5.

Page 6 is also for the attorney only. You can leave it blank if you are not using one.

Form i539 Page 7, Part 8, Questions 1 to 3

You must fill in H4’s employment information if H4 has been working and select ‘ Yes ‘ on page 3, Q 14.

H4 Employment information:

• Employer Name
• Job title/Designation
• Employer full address
• Weekly Income (Before Tax) in USD
• Dates of Employment – Write start date to finish date.

Form i539A – Page 4 can be left blank if there is no additional information to share.

Fill Form i539A Form with App

Use the USCIS fee calculator to find the total fee for filing the i539 form with biometrics.

Use these USCIS addresses to send both H-4 and H4 EAD applications if filing separately from the H1B.

Send your H4 and H4EAD application to  USCIS Dallas Lockbox Facility  if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC, LIN, or SRC.

USCIS Dallas Lockbox Facility

If sent by U.S. Postal Service (USPS):

For FedEx, UPS, and DHL deliveries:

File with the  USCIS Phoenix Lockbox Facility  if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with  WAC .

USCIS Phoenix Lockbox Facility

If sending by FedEx, UPS, or DHL :

Source: USCIS

i94 Extension after Passport Renewal (3 Options)

Renew Indian Passport in USA (VFS Process, Documents & Affidavits)

Send New H4 i94 to USCIS for EAD Auto Extension? (Interfile Cover Letter)

i94 Extension Laredo TX US Mexico Border (Bridge 1 Experience)

How to file H4 EAD, Documents, Form i765 (New / Renewal Process)

Passport Renewal i94 Extension – San Diego US Mexico Border

What Is Form I-539: Application to Extend/Change Nonimmigrant Status?

If you’re in the United States on a nonimmigrant visa and you need to stay past your visa’s expiration date, you can apply for an extension using Form I-539: Application to Extend/Change Nonimmigrant Status. To use Form I-539, you must meet certain eligibility requirements, return the completed form to U.S. Citizenship and Immigration Services (USCIS), and pay a $370 filing fee plus $85 for biometrics. This article explains how to fill out Form I-539 and who is eligible to use it to extend their stay in the United States.

Written by Jonathan Petts .  Updated June 20, 2022

What Is Form I-539?

U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), is responsible for processing Form I-539 , Application to Extend/Change Nonimmigrant Status. Certain nonimmigrant visa holders, including temporary visitors, who want to change their visa status or extend their visa length will need to use Form I-539. Applicants may use Form I-539 to prolong their stay under their current nonimmigrant visa temporarily. 

Applicants requesting to change their status may only change to other nonimmigrant visa statuses. Applicants can usually also list their dependents (spouse or children) as co-applicants on the same Form I-539 to extend or change their family statuses. If you have a qualifying familial connection to U.S. citizens or green card holders and want to stay permanently, you may instead wish to apply for permanent residency. If this is the case, you can file Form I-485 to initiate the green card application process.

Who Is Eligible To File Form I-539 for an Extension of Stay?

You are eligible to file Form I-539 if you hold one of the following visa statuses:

A visa (career diplomats and their immediate relatives)

A-3 visa (attendants, employees, or immediate relatives of A-visa holders)

B visa (foreign nationals visiting for business or tourism)

CW-1 dependents (temporarily hired nonimmigrant workers)

E visa (treaty traders, investors, and their dependents)

G visa (foreign government representatives and their immediate family members)

G-5 visa (attendants, employees, or immediate relatives of foreign government representatives)

H-4 visa (dependents of temporary specialty workers )

K-3 visa (fiancé(e) or minor child of a U.S. citizen)

K-4 visa (dependents of U.S. citizens, including spouses and minor children)

L visa (spouse or children dependents of intracompany dependents)

M visa (vocational students and their spouse or children dependents)

N visa (parents or children of certain special immigrants)

NATO-7 visa (attendants, employees, and immediate relatives of NATO representatives)

O-3 visa (spouse and minor children dependents of individuals with extraordinary abilities)

P-4 visa (spouse and minor children dependents of athletes and entertainers)

R-2 visa (spouse and minor children dependents of religious workers)

TD visa (spouse and minor children dependents of TN visa holders)

T visa (trafficking victims and their spouse or minor children dependents)

U visa (crime victims and their spouse or minor children dependents)

V visa (spouse or minor children dependents of certain green card holders)

Your eligibility depends on whether you have violated the terms of your current visa. As long as you have not violated the terms of your qualifying visa status, you may file Form I-539. Common visa term violations include unauthorized work or criminal convictions. If you fail to apply for an extension to your Form I-94 , Arrival/Departures Travel Record, you may also risk your eligibility to remain in the United States.

Who Isn’t Eligible To File Form I-539 for an Extension of Stay?

Certain nonimmigrant visa holders aren’t eligible to use Form I-539 to extend their stay or adjust their status. Those with the following visas are not eligible:

C visa (“alien in transit”)

D visa (crewman)

K-1 and K-2 visa (fiancé(e) or dependents of fiancé(e))

K-3 and K-4 visa (certain spouses of U.S. citizens, along with their dependent children)

S visa (witnesses and informants)

TWOV visa (transit without a visa)

WT and WB visa (individuals entering under the Visa Waiver Program)

Foreign nationals under the following visa categories face certain restrictions on requesting a change in status:

J-1 visa (exchange visitors)

M-1 visa (vocational students)

Timeline for Filing Form I-539

U.S. Citizenship and Immigration Services (USCIS) recommends that applicants file Form I-539 at least 45 days before their current stay expires and/or as soon as they realize the need to extend or change their visa status. Sometimes, if USCIS has approved you for another visa, you’ll need to file Form I-539 to extend your original visa stay if there is a gap between your original and new visa periods.

If you don’t file Form I-539 before your visa’s expiration date, USCIS may make some exceptions to this timeline if:

You faced extraordinary circumstances preventing you from filing on time.

The lateness of your application is reasonable.

You haven’t violated any of your visa status conditions.

You have shown that you are a nonimmigrant with no intentions of remaining permanently in the United States.

You are not part of any U.S. removal proceedings.

Guide To Completing Form I-539

Form I-539 has four main sections. The form asks questions regarding your biographical information, application type, processing information, and additional information about you and your application. Before beginning this form, you should review the Form I-539 instruction guide published by U.S. Citizenship and Immigration Services (USCIS).

Part 1: Information About You

Part 1 asks basic biographical questions about yourself. Question 2 asks whether you have an Alien Registration Number (A-number). A-numbers consist of eight or nine digits. 

You will only have an A-number if you have previously been part of a removal proceeding at an immigration court. You should speak with an immigration lawyer before applying for your extension if you have an A-number.

If you have filed any previous petitions or applications online, you should have a USCIS Online Account Number for Question 3. USCIS Online Account Numbers are different from A-numbers.

Question 9 asks for your U.S. Social Security Number (SSN), if applicable. You will likely only have an SSN if your visa status permits you to work in the United States.

Questions 11–16

Question 11 asks for your Form I-94 Arrival-Departure Record Number. You may find this number on the small white card you received from U.S. Customs and Border Protection (CBP) at the border, or on the I-94 website. If the date on your Form I-94 has passed, your visa status has expired, so you may no longer apply for an extension with Form I-539.

If you entered the United States with your passport, you can write “N/A” in the travel document box for Question 13. If the travel document or passport you used has expired since your arrival, you should write the passport number and expiration date of the passport you used when you first received your Form I-94. 

When completing your current nonimmigrant status for Question 15, write in your visa status. You may find the expiration date for Question 15 on your Form I-94. Nonimmigrants in the United States with J visa status should check the box in Question 16, since their Form I-94 may say D/S. If this is the case, you’ll be able to remain in the United States until your study program finishes.

Part 2: Application Type

Part 2 will ask you about your application type. You will note whether you are applying for reinstatement to your student status, an extension of stay in your current status, or a status change. If you have the same or linked visa status with your dependents, you can also include information about them. If you include your spouse or children on this USCIS form, you might need to submit Form I-539A , Supplemental Information for Application to Extend/Change Nonimmigrant Status.

Part 3: Processing Information

Part 3 will ask you to input the date you’d prefer to leave the United States. This date must fall within the maximum period USCIS has granted you on your visa status. Question 2.a asks whether you are basing your current application on an extension or change of status already given to your spouse, child, or parent. If so, answer “yes.”

In Part 3, you may indicate whether you have dependents you would like to include in your application. If you do wish to include your dependents in your visa extension, be sure to answer Question 3.a with “yes, filed with this Form I-539.” If you want to include your dependents on your Form I-539 and USCIS has not yet decided on their application(s), you should answer “yes, filed previously and pending with the USCIS” for Question 3.a.

Part 4: Additional Information About the Applicant

Part 4 assesses your passport, visa, immigrant petition, and inadmissibility status details. The first questions of Part 4 ask you to input information such as your passport country, expiration date, and number. You’ll need to complete this section even if your passport expires. If your passport’s expiration date is during the extension period, you may renew it at a U.S.-based consulate of your home country. Your passport should typically be valid for at least six months before leaving the U.S.

If your application references past applications for an immigrant visa, USCIS may be alarmed. Immigrant visa applications signal that you are interested in remaining in the United States as an immigrant. Since USCIS is deciding on an extension on your nonimmigrant visa status, they may reject your extension because they suspect you don’t intend on eventually returning to your home country. Filing an immigrant petition is the first step toward applying for U.S. permanent residence. When USCIS suspects you intend to reside in the United States permanently, they likely won’t approve extensions of your nonimmigrant status.

Inadmissibility 

Later questions determine whether you’re inadmissible to the United States. Inadmissibility happens when you have committed certain crimes or violated U.S. immigration laws. USCIS will use your answers from questions six to 15 to determine whether you are inadmissible or not. If you have any criminal history, submit a copy of the police report explaining the circumstances. If you’ve committed more serious crimes, you should seek help from an immigration attorney before applying for an extension.

Visa violations, such as overstaying your visa , working without a proper employment authorization document ( EAD ), and misrepresenting your intended length of stay can jeopardize your extension application.

What Supporting Documents Are Needed?

You’ll need to provide several supporting documents as part of your Form I-539 application, including:

Your printed Form I-94 , which shows your complete travel record

Copies of your passport pages (including any blank pages)

Proof that you have enough financial support to cover your expenses in the U.S. for an extended stay

A letter explaining your reason for extending your stay, why you can prove that your stay is temporary, and the impact your extended stay has on your foreign employment or residency options

Note that your passport must be valid for the entire duration of your stay in the U.S.

Form I-539 Filing Information  

Form I-539 incurs a filing fee of $370. You must also pay a biometric fee of $85 for yourself and another $85 for each additional co-applicant. In total, your filing and biometric fee costs will be at least $455. You’ll be able to pay with a check, money order, or cashier’s check. If you pay with a check, make the check out to the US Department of Homeland Security. If you’re filing at a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility, you may also pay by credit card using Form G-1450 , Authorization for Credit Card Transactions.

If your extension application is unsuccessful, you’ll still need to pay these fees. Even if you withdraw your application before USCIS makes a decision, you won’t be able to get a refund on your filing fees.

Applicants who currently hold one of the following visas will not incur a biometric services fee or filing fee for extension and change of status applications:

A-1, A-2, and A-3 visa

G-1, G-2, G-3, G-4, and G-5 visa

NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6 visa

Applicants changing into or extending the following visas aren’t required to submit the biometric services fee:

E-1, E-2, E-2C, E-3, and E-3D visa

How to Submit Your Form I-539

Most applicants mail their Form I-539 to the appropriate USCIS filing address . Be sure to use the correct USCIS mailing address to ensure that they receive your completed application. If you send your application in by mail, be sure that your application contains a copy of each required document and a copy of your proof of payment.

If you don’t have co-applicants, you can also choose to submit the form online . To do so, you must have one of the following visa statuses:

B-1 temporary business visitor

B-2 temporary tourist visitor

M-1 vocational student

M-2 spouse or child dependent of an M-1 student (but only if the M-2 dependent’s visa expiration date is different from the M-1 student’s visa expiration date)

F-1 academic student

F-2 spouse or child dependent of an F-1 student (but only if the F-2 dependent’s visa expiration date is different from the F-1 student’s visa expiration date)

Nonimmigrant visa holders may experience sudden changes while in the U.S. and need to temporarily extend their stay or adjust their status. Form I-539 allows them to do so. Also, as a nonimmigrant visa holder, if you become an immediate relative of a U.S. citizen or green card holder, you may become eligible to apply for a green card. 

Continue reading and learning!

Completing Form I-539: Extending or Changing to H-4 Status

Read this document carefully. All the questions we are able to address are addressed here. 

US Citizenship and Immigration Services (CIS) Form I-539 is used by some nonimmigrants who seek a change in status or an extension of their stay in the same status. These guidelines are specifically intended to assist dependents of Stanford University employees in H status. These guidelines are not legal advice.

●   These guidelines are not relevant to tourists or those in other classifications who are requesting an extension or change of status, or F-1 students seeking reinstatement.

●   The form is not used by H-1 employees to extend or change status; these actions are requested on the form completed by Stanford as part of the H-1 process

●   The form must be completed from the perspective of a dependent, such as a spouse or child; THE H-1 employee does not put their information on the I-539 and does not sign; the H-4 dependent must sign the application as their personal application.

●   Only one dependent will complete the I-539; additional dependents such as the primary dependent’s children must complete, sign and file form I-539A along with primary form I-539.

●   Note that any assistance provided to the applicant must be noted: if translation help is provided, the “interpreter section” in Part 7 must be completed. If someone else, even the H-1, or a parent prepares the form for the applicant, this information must be noted in Part 8.

US Citizenship and Immigration Services routinely updates forms, including the I-539. Be sure to use the current version. CIS will reject an application filed on an obsolete version of the form. You can locate the current version of the form at the CIS I-539 page . Be sure to use the official CIS website to access this form and information, and not a private page. For the paper form, go to the bottom of the page under “Form Details” and click the down arrow on the menu item “Forms and Document Downloads.”

At Stanford, these forms are commonly used by dependents (spouse and children) of temporary workers using H-1 status in connection with their employment at the University. Stanford cannot provide legal advice to users of this form. The following information serves as guidance for these dependents as they complete form I-539 and 539A, but in no way is intended to serve as legal advice. If you feel the guidance does not agree for some reason with CIS instructions, the CIS instructions should be followed.

Stanford includes form I-539 with H-1 filings for dependent extensions or changes of status as a courtesy to the international community at Stanford. A waiver of liability must accompany forms I-539 and 539A that are provided to Stanford to accompany H-1 petitions filed by the University on behalf of employees. This waiver must be signed by the applicant named on the relevant I-539; without it, Stanford will not file the form. The waiver absolves Stanford of responsibility for its handling of the form as a courtesy.  

Form I-539 is usually filed by spouses of employees seeking a change or extension; children complete Form I-539A. If the employee is the only parent present, a child can complete form I-539; additional children will each complete another Form I-539A. Form I-539A is not filed alone as the only application by a dependent; it is only used for dependents beyond the “first” one filing the I-539.

Form I-539 guidelines by Part and item number are found below. References to “you” mean the dependent, not the employee.

1.a. Family Name: enter your family or last name as it appears on the supporting documentation (passport the dependent)

1.b. Given Name: enter your given or first name as it appears on the supporting documentation (passport)

1.c. If you do not have a middle name, you may want to leave this field blank. (If you enter “none,” “not applicable” or “N/A,” this information may appear on Notices of Action generated by Citizenship and Immigration.)

2. Alien Registration Number: Most nonimmigrants do not have an alien registration number, which is mostly confined to use by those have filed for permanent residency. If for some reason you have an A number and know it, include it here.

3. USCIS Online Account Number: If you have a USCIS Online Account Number, enter it here. If you have a USCIS Online Account Number, you should consider filing your forms electronically, if you are eligible to do so.  You can check your eligibility to form I-539 online by visiting the CIS Eligibility webpage .  Please note that you can only file form I-539 online if you are applying only for yourself, without co-applicants (without form I-539A).  Please check the above website just prior to filing to understand if rules/terms have changed.

Mailing Address Section

4.a. In Care of Name: People living at someone else’s residence temporarily can identify the owner of the address in this section. Note that mail from government agencies such as CIS is not forwarded by the US Postal Service, and finding correspondence from such agencies that has been returned by the Postal Service can be very difficult. It’s strongly recommended that you use an address where you can expect to receive mail within the projected processing time .

4.b. The house number and street name go here.

4.c. If the residence is an apartment, or it can be designated by a Suite or Floor number, put that information here.

4.d. The official name of the town in which the street is located goes here.

4.e. The state can be found in a pull-down menu here. California is “CA”  

4.f. The zip code goes here. If you are unsure, the USPS ZIP Code Lookup link can help you identify the zip code for your address.  

Physical Address Section

This section is intended for an address where you physically reside in the United States. If you live at the same address where you receive mail at, items numbered 5.a. to 5.e. are completed with the same details as in Items 4. There is no indication that this section should be left blank if it is the same as the Mailing Address information, so while it may be redundant, you should complete this section even under those circumstances. If your mailing and physical addresses are different, the information should be entered in the relevant sections.

Other Information About You

6. Country of Birth: Enter the country in which you were born by the name for which it is currently known.

7. Country of Citizenship or Nationality: Enter only one country to correspond to the passport ID information you are providing on the form..

8. Date of Birth: Be careful to use the US format (mm/dd/yyyy) for this date information.

9. US Social Security Number: If you have one, enter it here.

10. Date of Last Arrival in the US: Be careful to use the US format (mm/dd/yyyy) for this date information. If you are unsure, you can obtain your most recent I-94 from the CBP website  by clicking on “Already Visiting & Need Proof of Visitor Status?” The I-94 record will have your date of last arrival on it.

11. I-94 Arrival-Departure Number: If you have not already printed your I-94, get it here by clicking on “Already Visiting & Need Proof of Visitor Status?” This document also has the date of last arrival information for item 10.

Note: Items 12 - 16 refer to your immigration status information valid at the time of last entry. A section farther down will ask for current information.  

12. Passport Number: Enter the passport number of the passport you used to enter the U.S. most recently. If you have renewed your passport since your last entry, there will be an entry farther down in the form to record that information.

13. Travel Document Number: if you don’t have a passport but have been issued a Travel Document, put the number here.

14.a. Country of Passport: List the country that issued the passport or travel document.

14.b. Expiration Date: Find the expiration date of the passport or document and put it here.

15.a. Current Nonimmigrant Status: Write the status you currently hold, such as H-4, J-2, F-2, etc.

15.b. Expiration Date: Enter the date (mm/dd/yyyy) your current status will expire.  If you are in J-2 or F-2 status, enter N/A here and follow the instructions in question 16.  

16. D/S Box: If you are J-2 or F-2, your “expiration date” should be D/S; check your I-94 to be sure. Check the box to show you were granted D/S.

Part 2:  Application Type

1. Reinstatement: Not applicable to these guidelines. If you are a student needing reinstatement, please consult the student advising team.

2. Extension: Mark this box if you want to extend your stay to be current with your spouse or parent’s.

3.a. Change of Status: Mark this box if you want to change your status to the same as your spouse or parent’s.

3.b. New status effective date: If you selected 3.a., enter the date you want your new status to be effective. You will need to get this information from your spouse or parent. Don’t guess! Usually, this date should match the requested start date of the H-1 to be filed by Stanford.

3.c. Change requested: If you selected 3.a., enter the new visa status you are requesting, such as H-4. Don’t complete this field if you mark item 2 indicating you are seeking an extension in the same status.

4. Only applicant: Mark this box if there are no other dependents seeking the benefit (i.e., change or extension).

5.a. Mark this box if you have other family members seeking the SAME benefit, that is, changing to H-4, or extending their stay in the same status.

5.b. Total: Put the total number, including yourself, seeking the extension or change of status. (As the form indicates, each additional dependent will need to complete a separate Form I-539A). Do not count the principal (H-1).

Part 3: Processing Information

1. Requested date to which status is extended: Again, you need to make sure this information corresponds to the date on your spouse’s petition (mm/dd/yyyy). This date should match the requested end date of the H-1 petition. Don’t guess!

2.a. Application based on an extension or change already granted? When Stanford, as a courtesy, includes form I-539 with its petition for H-1 status, you should answer “No.” If this application is being filed AFTER the spouse’s petition has already been approved, answer “Yes.” The latter case can sometimes occur when a someone is leaving their own H-1 status, for example, to become an H-4 dependent of the spouse. (Stanford does not have a role in submitting the I-539 in these circumstances.)

2.b. If you answered yes to 2.a. put the receipt number (WAC, EAC, SRN or LIN number) in the boxes provided.

3.a Indicate “Yes, filed with this Form I-539” for cases where the I-539 is intended to go along with the H-1 petition Stanford is filing for the spouse or parent. If the H-1 petition has already been sent, mark “Yes, filed previously and pending with US Citizenship and Immigration Services.” A Form I-539 filed not in the context of an H-1 petition would require a “No” answer, but Stanford does not have a role filing extensions or changes that are not associated with an H-1 petition.

3.b. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a., enter the receipt number (WAC, EAC, SRN, or LIN number) for your spouse or parent’s extension or change of status petition.

4. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a.,enter the name of the petitioner (e.g. Stanford University) and the first and last name of the H-1 spouse (e.g. “Stanford University/First Name Last Name”)

5. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a., enter the date the petition was filed. If you are unsure, this date is listed on the receipt notice, in the box titled “Received Date”.

Part 4:  Additional Information

CIS acknowledges that passports can expire and will be extended or replaced. This Part is intended to collect information about a new passport; if you don’t have a new passport from the time since you last entered the US, enter N/A in fields 1.a., 1.b., and 1.c.

If you have obtained a new passport since you last entered the U.S., enter the new passport information in fields 1.a., 1.b., and 1.c. This should be different than the passport information you entered on pages 1 and 2.  

2. Physical Address Abroad: Items 2.a to 2.f are for your address information back home. Strictly speaking, for H nonimmigrants there is no requirement to maintain an address outside the US. However, to reduce the chance of problems, it’s recommended that you provide an overseas address; it can be that of parents, friends, etc. The fields are structured to accommodate US-type addresses; if your address abroad can fit in that format, go ahead and add it here. Addresses in some countries do not fit well in this type of format, so a suggestion is as follows: in item 2.a, write “See Part 8.” Go to Part 8 (should start on Page 7) and use one of the sections for “Additional Information.” Indicate that you are supplying additional information for Page 2 Part 4 Item 2 in the boxes provided, and add your overseas address information on the lines below. This field is “free-form” and not constrained by US address conventions. Be sure to include your Name information in the items on Part 8. Additional information in items numbered 1.a. to 1.c.

3. Immigrant Visa: This question refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1). It specifically asks whether you have an active application for an immigrant visa pending with a US consulate overseas. You will know if that is the case.

4. Immigrant Petition: This question is intended to capture information about whether you’ve been named by a sponsor of some kind on an immigrant petition. This would include family-based or self-sponsored petitions, employer or self-sponsored petitions, those that have been filed and decided, or those that are pending. This question refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1). If your H-1 spouse is the beneficiary of an I-140 or I-130, but you are not, you should answer “no” to this question.

5. I-485 Adjustment Application: The adjustment application is filed with CIS when an immigrant petition of some kind has been approved that allows you to apply for adjustment of status, and you filed the actual application for the green card. You will know if that is the case. This question also refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1).  

Answer the questions in items 6 to 11 for you and dependents listed in accompanying forms I-539A. If you answer “yes” to any of these questions, you must provide an explanation in Part 8.  

12. Violations of the status you NOW hold: For dependent classifications, the most obvious violation would be working without authorization, since people in these classifications, for the most part, do not have an opportunity to apply for work authorization. (J-2s, and some H-4 dependents do, however.) There are other ways of violating one’s status, mostly having to do with overstay. Unfortunately, Bechtel cannot interpret the law for you if you have doubts about whether you have violated your current status in some way, and if you have serious questions about this matter, you should seek the advice of a competent attorney.  

13. Removal proceedings: You are pretty sure to know if you are currently in removal proceedings.

14. Employment: List any employment you or any dependents listed on accompanying forms I-539A have had since you were LAST ADMITTED to the US or granted an extension or change of status.  

If you were NOT employed, and you answer “no,” go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 14, you need to explain how you are being supported while in the United States. You can say something like "The person whose name appears on this form is supported by the principal applicant (name of H-1), who is the beneficiary of the related petition filed on his/her behalf by Stanford University, with an annual salary of $___."  

If you HAVE WORKED (dependents in J-2 status are eligible for work authorization, so you may have periods of employment to list, or perhaps you hold H-4 work authorization), you’re obliged to go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 14, explain, giving your name, how you were authorized to work, the name and address of the employer/s where you worked, and how much you were paid each week. A copy of the EAD (both sides) you were issued should be included with the application.

15. Exchange Visitor history: If you or any dependents listed on accompanying forms I-539A were ever in J-1 or J-2 status, mark yes, and go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 15, give the dates you were in that status. Note: You cannot change status in the US if you are subject to section 212(e) “Two-Year Residence Requirement”.

Part 5: Applicant’s Statement, Contact Information, Declaration, Certification and Signature

As the person seeking the change of status or extension of stay, you are the Applicant. See the Applicant’s Statement Section, and answer the questions. Don't forget to sign and date the form.

If you got help translating the form, you’ll need to get the interpreter to complete Part 7.

If someone else prepared the form for you, even a spouse or parent, that person needs to fill out Part 7 and sign as preparer.  

Filing Notes:

Provide the I-539, with all your accompanying documentation (e.g., marriage or birth certificate (depending on relationship), I-94, copy of EAD if applicable, etc.), plus documentation that your spouse is in valid H-1 status (copy of spouse’s I-797, I-94, copy of passport biographical page, copy of current entry visa page, last three months of pay statements), to your spouse or parent’s department for them to give to Bechtel International Center along with the petition materials.

Note payment information in the CIS instructions; checks must meet CIS requirements; see the USCIS fees webpage . Make the check payable to US Department of Homeland Security. The filing fees change occasionally, so be sure to check the current fees before submitting the application. If you submit the wrong fee, the application will be rejected.  

Review the CIS instructions for the documents required to be included. Stanford is not responsible for a failure to include necessary documents and will not verify that all documents are properly present. 

For visitors, travel, student and other international travel medical insurance.

Home » Visas » Visitors Visa Extension » Documents

US Visitors Visa Extension Application Documents

You should submit the following documents for filing for a visitor visa extension.

• Form I-539  (Extension of stay/change of status).  You may include your spouse and your unmarried children (under the age of 21 years) in your application for the same extension, as long as all of you are under the same status, or they are all in derivative status. Fill out all the required fields and sign the application. 
• Fee for filing the extension of the visitor visa. Even if the spouse or children are also included in the same form, the total fee is to be paid just once, and there is no extra charge for additional applicants. There is no bio-metric fee. Fee Details  
• Online printed  Form I-94 . 
• Copies of all pages of your  passport(s)  (including blank ones), which are valid for your entire requested period of stay in the U.S. 
• Proof of financial support (see the  Visitor Visa  section for this) 
• The reasons for your extension request (you could give reasons like: yet to see the other coast of the U.S., etc.)
• Why your extended stay would be temporary, including what arrangements you have made to depart from the U.S.
• Any effect the extended stay may have on your foreign employment or residency. E.g., you may want to explain how you can be excused from your employment for such an extended period of time. If you are the principal wage earner for your family, visiting the United States alone, and have left your family (spouse, children) behind in your home country, you need to show really good reasons, prove why you need to stay in the U.S. much longer, and how your family will be taken care of properly in your home country. A very long separation from your immediate family is not considered good the in eyes of the USCIS. You should also show that your job or business in your home country would not be in jeopardy from staying away for a long time. If you are employed, you can show a letter from your employer that they are aware of you staying in the U.S. for a longer time. Sample Letter  
• A copy of your return  air tickets  (this would be helpful to show that the stay is temporary).  Make sure that they are really the electronic tickets that including the ticket numbers. Do not simply send an itinerary.

It is important to provide all the required documents with your initial filing. Failure to do so may result in your case being denied or delayed. Since there are no appeal rights for it, it is important for you to fill out the application completely and provide the required information.

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Office of International Students & Scholars

Change of status to f-1, introduction.

A student acquires F-1 status using the Form I-20, issued by the school they plan to attend, in one of two ways:

• By entering the United States with the I-20 and an F-1 visa obtained at a U.S. consulate abroad (Canadian citizens are exempt from the visa requirement); or
• By applying to USCIS for change of nonimmigrant status (if the student is already in the United States and cannot travel). In choosing the latter, you will not receive an F-1 visa, only F-1 status. This means that the first time you travel outside the U.S. while in F-1 status, you will have to apply for an F-1 visa at a U.S. consulate in order to be able to return to the U.S.

A person in any non-immigrant status except C, D, K, or M (and in some cases J), and except those who entered the United States under the terms of the Visa Waiver Program, can apply for a change to F-1 status if they have maintained lawful non-immigrant status up to the time of application. Those with J status who are subject to 212(e) two-year home country physical requirement cannot change status in the U.S. unless a waiver has been granted. Non-immigrants in A, G, or NATO status must first complete Form I-566, and have it properly endorsed by the foreign mission to the U.S. and the Department of State.

Work With Your Adviser

Newly admitted students considering an application for a change of status must consult with their OISS Adviser before submitting the application. Your I-20 must be issued for change of status not initial entry. Change of Status is a complicated process which can take 11-13 months to process and in some cases can result in requests for further evidence or a denial. Note that not all visa statuses will allow you to start your studies while the application is pending. You will also be unable to begin on-campus employment, receive assistantships, or other funding until your F-1 status is approved. In order to submit the best possible application it is critical that you work with your OISS Adviser. 

Documentation Needed to Apply for Change of Status to F-1

• A cover letter (one page or less) requesting the change of status from your current status to F-1. This letter should include a brief explanation as why you wish to change to F-1 status. You should also provide a checklist of the documentation you are including in your application.
• USCIS Form I-539 Application to Extend/Change Nonimmigrant Status : Read all instructions carefully as they differ if you choose to file with a paper application or use the e-filing option. The application form will include a application fee of $420 for online, or $470 for paper filing.
• Evidence of financial support (i.e., bank statement, assistantship letter, etc.). If you have been offered an assistantship from the department and therefore will need to start your on-campus job under approved F-1 employment authorization, you may want to include additional funding evidence that you can support your living expenses until you are approved. 
• Admission letter from the University.
• Scan of the three pages of your Form I-20. Before scanning the I-20 be sure you sign in “Student Attestation” section on page 1 . 
• Receipt indicating payment of the SEVIS fee . Please note that the $350 SEVIS fee is separate from the application fees noted above.
• Documents showing that you are currently in lawful non-immigrant status. Examples depending on your current status can include  Form I-94 , visa stamp, DS-2019, Form I-20 for F-2 status, I-797, EAD card, etc. 
• Biographical page of your passport, including the expiration date of your passport, and an explanation if the passport is expiring soon.
• If changing status from an employment based visa, such as J-1 Researcher or H-1B you should include three recent paystubs, or other evidence of employment.
• If previously in J status and subject to the 212(e) Two-Year Foreign Residency Requirement, include the I-612 proof of waiver approval.

We recommend that you save a copy of the application materials for your own record.

How to File

There two ways to submit this application to USCIS, online or by mail, and the process is different depending on the option you choose. OISS recommends that you apply online using the specific USCIS instructions on how to file electronically (e-file) found here. E-filing will allow you to pay the fees with a credit card, change your address as needed, upload updated documents, respond to requests for additional evidence, and receive your approval more quickly than by mail. If you choose to file by mail instead, please request additional details from your OISS Adviser.

If your change of status is pending with USCIS and you later decide to leave the U.S., your change of status request will be abandoned. You will need to get a new I-20 from OISS for your travel and visa application outside the U.S. so please let your OISS adviser know at least two weeks in advance of changing of your plans.

Important Things to Remember

The I-539 application is your personal application. While OISS Advisers may give general guidance on how to prepare a successful application, we are not permitted to give detailed legal advice. In rare cases that are very complex in nature you may need to pay an immigration attorney for a consultation. Please coordinate use of any attorney before making payments or commitments.

If you are currently in B1/B2 status:

Source: 8 CFR § 214.2(b)(7) and §248.1(c)

• Individuals in B1/B2 status are prohibited from “enrolling in a course of study” until after USCIS approves their change of status application.

If you are currently in F-2 status:

Source: 8 CFR (Code of Federal Register) § 214.2(f)(15)(ii)

• Individuals in F-2 status are eligible for part time study. Refer to F-2 Dependents for details. However, once your change of status to F-1 is approved, you are required to be enrolled full time. If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part time until the end of the current semester in order to maintain your F-2 status.

If you are currently in any other status (e.g., H, J, L, E, etc.):

• If your current status allows full-time studies in the U.S., you may start classes before your change of status application is approved. However, you are not allowed employment under F-1 status until after your application is approved. For example, if you have an assistantship, you won’t be able to start it until after you receive your F-1 status. 

Program Start Date

If the I-539 application is not adjudicated by the original start date on the I-20, the program start date will have to be amended to a later date. This may result in receiving multiple updated I-20s depending on how long your application is pending, and each will have to be attached to your application as an update.

Traveling and Reentering the U.S. after Approval

If you acquire your F-1 status through a change of status process, remember that you will only receive F-1 status, not an F-1 visa. This means that the first time you travel outside the U.S. while in F-1 status, you will have to apply for F-1 visa at a U.S. consulate in order to be able to return to the U.S.

For further information about travel and re-entry and/or visa applications, refer to the U.S. Department of State website and OISS Travel Guidance .

If you would like to discuss the risks and benefits of your strategy for change of status, or have questions about your options, please contact your OISS adviser .

I-539 FORM FOR REINSTATEMENT

While an F-1 Academic Student visa classification allows foreign nationals to attend a full course of study at colleges, universities, conservatories, or academic high schools in the United States, an M-1 Vocational Student visa classification allows foreign nationals to enroll in other non-academic programs such as language training. Many of these students may inadvertently fail to maintain their student status due to numerous reasons.

In this case, if the student wishes to resume their studies without departing the United States, they need to file an I-539 form for F-1/M-1 student status reinstatement with USCIS. At Tsang & Associates, we have the experience and knowledge of successfully helping students reinstate their student status.

Our attorneys can explain and present the intricate details to adequately explain why a student failed to maintain their student status or overstayed in order to satisfy the strict requirements for a reinstatement application. We have successfully worked with different schools to prepare statements and documents supporting the students’ reinstatement application. After the reinstatement approval, we ensure the student is reinstated back into his/her programs or transferred to another school they desire.  

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our typical fee for a standard I-539 Student Status Reinstatement is  $3,500 , not including, governmental fee and third-party extensions.  We are happy to customize a proposal for you during a consultation and walk you through what a standard reinstatement case looks like.  Please see below for more information.  

CASE PROCESSING OVERVIEW

Step 1: strategy session for a i-539 for for student status reinstatement application.

This is the most crucial step for your entire I-539 Student Status Reinstatement Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit the I-539 Form to USCIS

Our attorneys will craft your I-539 form for Student Status Reinstatement arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: Responding to additional USCIS Requests for Evidence

If additional documents/evidence are needed upon the submission of the case and after the interview, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue forward with the case.

Step 4: Reinstatement approval and SEVIS reinstatement by school

After the reinstatement approved by USCIS, the school often has a hard time reinstating the student due to the complexity and long history of the case. We will communicate with you to ensure the school reinstate your status or transfer it to another school you desire.

ADDITIONAL RESOURCES

Checklist of required evidence.

• I-539 Form  (write “REINSTATEMENT” at the top of the form)
• I-539 Form filing fee  paid by money order, personal check, cashier’s check, or credit card using  Form G-1450, Authorization for Credit Card Transactions . If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
• copy of Form I-94, Nonimmigrant Arrival-Departure Record
• A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
• Evidence of your ability to pay for your studies and support yourself and your dependents
• Evidence your violation of status resulted from circumstances beyond your control or that the violation relates to a reduction in your course load that is within a designated school official’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to you
• If you were out of status for more than five months, evidence of exceptional circumstances and that you are filing as promptly as possible under the exceptional circumstances
• Supporting documentation (for example, a letter of support from a faculty adviser familiar with the circumstances of your case)
• Current transcript and transcripts from other U.S. schools previously attended
• Photocopy of passport identification and visa pages; do not send your passport
• Completed  G-1145 Form  (optional; it signs you up for email/text message notification of your application’s arrival at USCIS)

Updated I-539 Form filing fee for Student Status Reinstatement

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Requirements and Limitations

Requirements:

• Have not been out of status more than 5 months at the time of filing the request for reinstatement.
• If you have been out of status for more than 5 months at the time of filing for reinstatement, provide evidence that the failure to file within the 5 month period was the result of exceptional circumstances and that the request for reinstatement was filed as promptly as possible under these exceptional circumstances.
• Do not have a record of repeated or willful violations of immigration regulations.
• Are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20.
• Have not engaged in unauthorized employment.
• Are not deportable on any ground other than overstaying or failing to maintain status.
• The violation of status resulted from circumstances beyond applicant’s control.
• The violation relates to a reduction in your course load that would have been within a Designated School Official’s (DSO’s) power to authorize.
• Failure to approve reinstatement would result in extreme hardship.

Limitations:

• School DSO must recommend reinstatement in SEVIS.
• Pay the SEVIS I-901 fee again.

Benefits of Student Status Reinstatement With I-539 Form

• Permission to remain in the U.S. and resume study.
• Remove out of status record.

SAMPLE & TEMPLATES

Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-539 Reinstatement petition.

Cover Letter : [coming soon] We will also provide a cover letter sample for the I-539 Reinstatement petition.

Sample Request for Evidence : [coming soon] Requests for evidence can be used to strengthen the case.

Forms : Here is a list of the forms that are needed by USCIS

Sample Checklist : [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

USCIS Fee Calculator : This is to help calculate how much the filing fee will be.

USCIS Mailing Address : This address is where it is mailed to USCIS.

USCIS Processing Timetable : This will help you figure out how long it will take to process.

ASC Field Offices : Listed are the addresses of the field offices for the bio-metrics.

FREQUENTLY ASKED QUESTIONS

May i continue to study while my application for reinstatement is pending.

Yes , you must continue to study in order to maintain your F-1 status.

May I continue to work on-campus while my application for reinstatement is pending?

No . Once it is determined that you have violated your student status, you must stop working immediately.

How long will the reinstatement process take?

What is the "five-month deadline".

A student can file for reinstatement at any time. These cases are harder if   more than five months   have passed since the record terminated or completed. If the student is: 

• Why the record was terminated.
• How the student plans to maintain F-1 or M-1 status.
• Pay the I-901 SEVIS Fee.
• Why her or she could not file within the first five months. 

The “Students Nearing Reinstatement Deadline” Alert List helps DSOs monitor potential cases, which are exempt from another I-901 SEVIS Fee and that still qualify for reinstatement in the lower threshold of the first five-month timeframe.

SCHEDULE A SESSION

Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.