If you find yourself in this situation, Yellow Law group can help you find the option that’s best for you. 

Who has a Nonimmigrant Status? 

Nonimmigrant Status: Those staying temporarily (students, temporary workers, tourists) with plans to return to their home country. 

Immigrant Status: Those planning to make the U.S. their permanent home. This includes green card holders, permanent residents, and resident aliens. 

What is a Change of Status?

If your circumstances have changed and you now wish to switch to a different nonimmigrant classification, you may be eligible to apply for a change of status. This application process must take place prior to your current status’s expiration date. 

For example, if you entered the U.S. as a student and now have a job offer, you might seek to change your status to a work visa. To do so, specific requirements must be met to ensure eligibility.

What is an Extension of Status? 

Certain nonimmigrants who were admitted to the U.S. for a specific period may need to stay longer than initially allowed. If you find yourself in this situation, you or your petitioner can request an extension of stay. This allows you to continue to remain in the U.S. for an extended amount of time.

If you are lawfully in the U.S., you can request an extension to continue your current activities (work, studies). This must be done before your current status expires to avoid gaps and additional paperwork.

How do you apply?

To request an extension of stay or a change of status, you generally need to file either a Form I-129: Petition for a Nonimmigrant Worker or Form I-539: Application to Extend/Change Nonimmigrant Status. The form you use will depend on your current status and the status you are seeking.

It’s essential to file these forms timely to avoid complications. USCIS typically does not approve applications if you have failed to maintain your current status or if your status expired before you filed the application. 

However, USCIS may, at its discretion, consider late filings if you can demonstrate that the delay was due to extraordinary circumstances beyond your control.

Examples of situations that might be considered extraordinary include:

• Labor Disputes: If your job was affected by a strike, causing a delay in your filing.
• Government Funding Issues: If the government stopped funding, preventing you from obtaining necessary certifications in time.

To qualify for USCIS discretion, you must also show that you have followed the rules of your visa, have not violated your status, and are not facing deportation.

Need to file a change of status or Extension? 

Navigating the U.S. immigration process can be daunting, especially when it comes to extending your stay or changing your immigration status. This is where the expertise of an experienced immigration lawyer becomes invaluable.

For assistance with changes or extensions of immigration status, contact Yellow Law Group. Our experienced attorneys can guide you through the process efficiently.