I539 Guide: Extend or Change Your U.S. Visa Status

I539 is the form you need if you want to stay longer in the U.S. or switch to a different visa without leaving the country. This guide explains who should file Form I539, what documents you’ll need, how to complete it, how much it costs, and how long it takes.

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Henry Lindpere

Henry Lindpere is an experienced immigration lawyer serving primarily STEM professionals, entrepreneurs, and high-achieving individuals.

10 min read • April 25, 2025

I539 Guide: Extend or Change Your U.S. Visa Status

Key takeaways

Form I539 lets you stay longer or change visa types without leaving the U.S. It’s used by tourists, students, and visa dependents who need to extend their stay or switch to a different nonimmigrant status.

USCIS recommends filing the I539 form at least 30–60 days before your I-94 expiration to avoid falling out of status and risking serious immigration consequences.

As of FY 2025, the median processing time for I530 is about 2.6 months, but complex cases or missing documents can cause delays.

To file Form I539, you must be in the U.S. with valid nonimmigrant status and a lawful reason to extend or change it. You must also have followed all visa rules and be able to financially support yourself.

If you're currently in the U.S. on a temporary visa and need to either stay longer or switch to a different visa type, Form I539 is the official application you’ll need to submit. This form allows you to legally extend your nonimmigrant stay or request a change to a different nonimmigrant classification without having to leave the country.

This guide walks you through everything you need to know about Form I539, from who should file it, what documents to include, how to complete the form, and how long it may take.

A man completes a form with a pen while holding a passport in his other hand. Form I539

What is I-539 form used for?

Form I539, known as the “Application to Extend/Change Nonimmigrant Status”, is a document filed with USCIS when a noncitizen in the U.S. wishes to either extend their current nonimmigrant stay or change to a different nonimmigrant status.

The I539 form is commonly used by tourists, students, and dependents of work visa holders. It’s important to submit the I539 while you’re still lawfully present in the U.S.—filing after your visa or status has already expired may have serious legal consequences, including deportation and becoming ineligible to re-enter the United States for up to 10 years. However, there are some special circumstances where failure to file can be excused. For more information on such special circumstances, please reach out for a consultation.

US visa document displayed alongside an American flag, symbolizing immigration and entry into the United States. Form I539

Common Use Cases of Form I539

Some of the most common reasons people file Form I539 include:

Tourist visa holders (B2 visa) who want to stay longer for personal reasons, such as visiting family or receiving medical treatment.
Business visitors (B1 visa) who need more time to complete professional activities.
F1 or M1 visa students who need to reinstate their status after a violation (like missing school).
Dependents on H4, L2, or L3 visas, who need to extend their stay or change their status in line with the primary visa holder.
Individuals seeking to change to a different status, such as from B2 to F1 to begin studying.

Some of the most common reasons people file Form I539 include:

Tourist visa holders (B2 visa) who want to stay longer for personal reasons, such as visiting family or receiving medical treatment.
Business visitors (B1 visa) who need more time to complete professional activities.
F1 or M1 visa students who need to reinstate their status after a violation (like missing school).
Dependents on H4, L2, or L3 visas, who need to extend their stay or change their status in line with the primary visa holder.
Individuals seeking to change to a different status, such as from B2 to F1 to begin studying.

A woman sitting at a desk with an American flag displayed prominently on it. Form I539

Who Should File I539

Form I539 should be filed by anyone in the U.S. on a temporary visa who wants to extend their legal stay or switch to another qualifying nonimmigrant status.

You should consider filing Form I539 if:

You’re in the U.S. on a temporary (nonimmigrant) visa and want to stay longer.
You are a dependent spouse or child (on an H-4, L-2, F-2 visa, etc.) and need to extend or change your status.
You are changing to a different visa status, such as:
- B2 to F1 (tourist to student)
- F2 to F1 (dependent to primary student)
- H4 to B2 (dependent to tourist, temporarily)

A timely filed I539 form helps you stay in legal status while you wait for your new classification or extension decision.

Form I539 should be filed by anyone in the U.S. on a temporary visa who wants to extend their legal stay or switch to another qualifying nonimmigrant status.

You should consider filing Form I539 if:

You’re in the U.S. on a temporary (nonimmigrant) visa and want to stay longer.
You are a dependent spouse or child (on an H-4, L-2, F-2 visa, etc.) and need to extend or change your status.
You are changing to a different visa status, such as:
- B2 to F1 (tourist to student)
- F2 to F1 (dependent to primary student)
- H4 to B2 (dependent to tourist, temporarily)

A timely filed I539 form helps you stay in legal status while you wait for your new classification or extension decision.

Businessman and lawyer reviewing documents together in a modern office setting. Form I539

Who Shouldn’t File I539

Not everyone is eligible to use Form I539. You should not file this form if:

You entered the U.S. under the Visa Waiver Program (ESTA)—these entries can’t be extended or changed unless under certain rare exceptions.
You’re changing to a work-based visa as the primary applicant—those use different forms (like Form I-129).
You’re seeking asylum or permanent residency (green card).
You’ve already been ordered removed or deported from the US.

Note: If you are changing from a work visa to a non-work visa, you must use Form I-539.
Example: An H-1B worker who is laid off and switches to an F-1 student visa to stay in the U.S. would file Form I-539.

In contrast, Form I-129 is used only for applying for or extending work visas (such as H-1B, L-1, O-1, etc.).

Still unsure if you should file Form I539? Reach out to us at Manifest Law and request a consultation with an immigration attorney.

Not everyone is eligible to use Form I539. You should not file this form if:

You entered the U.S. under the Visa Waiver Program (ESTA)—these entries can’t be extended or changed unless under certain rare exceptions.
You’re changing to a work-based visa as the primary applicant—those use different forms (like Form I-129).
You’re seeking asylum or permanent residency (green card).
You’ve already been ordered removed or deported from the US.

Requirements for a business, including legal. Form I539

Eligibility Requirements for Form I539

To be eligible to file Form I539, you must be in the U.S. legally and in valid nonimmigrant status at the time of your application, and meet all of the following requirements:

Be physically present in the U.S. at the time of filing.
Be in valid nonimmigrant status.
Have not violated the terms of your visa (e.g., working without authorization, overstaying).
Have a temporary, legal reason for extending your stay or changing status.
Be able to financially support yourself (and your dependents, if applicable) during the requested period.

To be eligible to file Form I539, you must be in the U.S. legally and in valid nonimmigrant status at the time of your application, and meet all of the following requirements:

Be physically present in the U.S. at the time of filing.
Be in valid nonimmigrant status.
Have not violated the terms of your visa (e.g., working without authorization, overstaying).
Have a temporary, legal reason for extending your stay or changing status.
Be able to financially support yourself (and your dependents, if applicable) during the requested period.

A person in a suit holds a stack of papers, appearing focused and ready for a professional discussion or meeting. Form I539

Documents to Include with Form I539

Along with filing Form I539, you will need to submit additional documentation, including:

A copy of your I-94, Arrival/Departure Record.
A copy of your passport (make sure to include the biographical page, expiration date, and U.S. visa stamp).
A letter explaining why you are requesting an extension or status change, including details of your situation and a statement of intent to leave the U.S.
Proof of financial support (bank statements, sponsor letters, or evidence of income) to show you can support yourself during the extended stay.
Any supporting documents specific to your status.
A filing fee payment.

Along with filing Form I539, you will need to submit additional documentation, including:

A copy of your I-94, Arrival/Departure Record.
A copy of your passport (make sure to include the biographical page, expiration date, and U.S. visa stamp).
A letter explaining why you are requesting an extension or status change, including details of your situation and a statement of intent to leave the U.S.
Proof of financial support (bank statements, sponsor letters, or evidence of income) to show you can support yourself during the extended stay.
Any supporting documents specific to your status.
A filing fee payment.

Important: Make sure your documents are organized, legible, and translated into English if they’re in another language.

Form I539 Filing Fee

The filing fee for Form I539 varies depending on how you submit your application and your specific immigration category. As of FY 2025, USCIS has introduced different pricing for online vs. paper submissions, and has kept fee waivers for humanitarian and diplomatic categories.

A woman wearing glasses is focused on her laptop, engaged in work at a desk. Form I539

Standard Filing Fees

If you are filing a typical request to extend or change nonimmigrant status (such as B-2 to F-1, or an H-4 extension), your fee will depend on whether you file online or by mail:

Filing Method

Online Filing

Paper Filing

Filing Fee

$420

$470

Tip: Filing online can save you $50. You’ll also receive immediate confirmation and tracking updates through your USCIS account. However, for most I-539 cases you cannot file online if you are using legal representation.

Fee-Exempt Categories

For the following categories, there is no fee for filing Form I-539:

Filing Category

Filing into or out of A, G, or NATO nonimmigrant status

Victims of severe trafficking (T nonimmigrants)

Victims of qualifying criminal activity (U nonimmigrants)

B-1 UN Mission Observers or B-2 dependents of UN Mission Observers

Fee

Important: If you fall into one of these humanitarian or diplomatic categories, be sure to include a written explanation and evidence showing that you're eligible for the fee waiver. USCIS may also request further documentation to verify your status.

Make sure to double check the USCIS Fee Schedule page for the most up to date I539 filing fee.

A person signing a document on a table, with a focused expression and a pen in hand. Form I539

When should you file Form I539?

USCIS recommends filing at least 45 days before your current status expires, but no earlier than 6 months before.

A good rule of thumb is to file 30 to 60 days before your I-94 expiration date.

USCIS recommends filing at least 45 days before your current status expires, but no earlier than 6 months before.

A good rule of thumb is to file 30 to 60 days before your I-94 expiration date.

Can you file the I539 after your status expires?

If you file Form I539 after your status expires, even by a day, you could fall out of status and be considered unlawfully present.

However, if you’ve already overstayed but have compelling reasons (like illness or emergency), USCIS may still consider your application—but you must provide strong evidence and a valid explanation.

If you need to file Form I539 and your nonimmigrant status has already expired, we strongly encourage you to speak to an immigration lawyer immediately. When filing an I539 late, you may still be considered unlawfully present while the application is pending, which can have serious consequences if the case is ultimately denied.

If you file Form I539 after your status expires, even by a day, you could fall out of status and be considered unlawfully present.

A man walks on a wooden block, surrounded by check boxes, symbolizing decision-making or progress. Form I539

I539 Processing Time

For fiscal year 2025, the median processing time for Form I539 is approximately 2.6 months, according to the most recent data released by USCIS.

This means that 50% of applicants received a decision within 2.6 months, while the other half may have waited longer depending on individual case factors, such as visa type, service center workload, and whether biometrics were required.

For fiscal year 2025, the median processing time for Form I539 is approximately 2.6 months, according to the most recent data released by USCIS.

Form

Form Description

Filing Category

FY 2020

FY 2021

FY 2022

FY 2023

FY 2024

FY 2025

I-539

Application to Extend/Change Nonimmigrant Status

All Extend/Change Applications

4.8 months

9.6 months

6.8 months

5.8 months

2.7 months

2.6 months

Source: USCIS Historic Processing Times

While it’s always a good idea to file as early as possible (ideally 45 days before your status expires), the recent improvements in I539 processing times mean many applicants are now hearing back sooner than in previous years.

Still, factors like incomplete documentation, RFEs (Requests for Evidence), or individual case complexity can extend timelines—so always plan ahead and consult an immigration attorney if your case is time-sensitive or complex.

An instructional image detailing steps. Form I539

How to Complete the I539 Form

Here’s a section-by-section breakdown:

Part 1 asks for your personal information, including your name, address, date of birth, and passport info.
Part 2 asks whether you’re requesting an extension or a change of status, and what your new status will be.
Part 3 collects additional processing information, like your travel history and future plans.
Part 4 asks about your immigration history and whether you’ve ever violated U.S. immigration laws.
Part 5 is where you sign and certify that everything is true.
Part 6 and 7 are only needed if someone helped you fill out the form, such as an interpreter or attorney.

Here’s a section-by-section breakdown:

Part 1 asks for your personal information, including your name, address, date of birth, and passport info.
Part 2 asks whether you’re requesting an extension or a change of status, and what your new status will be.
Part 3 collects additional processing information, like your travel history and future plans.
Part 4 asks about your immigration history and whether you’ve ever violated U.S. immigration laws.
Part 5 is where you sign and certify that everything is true.
Part 6 and 7 are only needed if someone helped you fill out the form, such as an interpreter or attorney.

You may file online through the USCIS portal or by mailing a paper form to the appropriate Lockbox. Mailing addresses vary based on your visa category and where you live—check the official USCIS page here for the most up-to-date mailing address for Form I539.

A woman sitting on a couch, smiling while using her laptop. Form I539

What happens if I-539 is approved?

When Form I539 is approved by USCIS, it means your request to either extend your stay in the U.S. under your current nonimmigrant status or change to a new nonimmigrant status has been granted.

If your I-539 was for extending your current visa status (like B-2, F-1, H-4, etc.):

You may remain in the U.S. legally until the new expiration date listed on the approval notice (Form I-797).
You retain the same status you were previously in — just for a longer period.
You will get a new I-94 attached to the I-797 Approval Notice, indicating your updated authorized stay.
No need to leave the U.S. if you're continuing the same activities (e.g., as a tourist, student, or dependent).

If you applied to change from one nonimmigrant status to another (for example, from B-2 tourist to F-1 student):

Your new status becomes effective from the date indicated in the approval notice.
You are now legally in the new status — you don’t get a new visa, but you can stay in the U.S. and begin the activities allowed under your new category (e.g., studying if you changed to F-1).
USCIS issues a new I-94 indicating your new status.
If you leave the U.S., you will need to apply for a visa stamp in the new category at a U.S. consulate abroad before returning.

When Form I539 is approved by USCIS, it means your request to either extend your stay in the U.S. under your current nonimmigrant status or change to a new nonimmigrant status has been granted.

If your I-539 was for extending your current visa status (like B-2, F-1, H-4, etc.):

You may remain in the U.S. legally until the new expiration date listed on the approval notice (Form I-797).
You retain the same status you were previously in — just for a longer period.
You will get a new I-94 attached to the I-797 Approval Notice, indicating your updated authorized stay.
No need to leave the U.S. if you're continuing the same activities (e.g., as a tourist, student, or dependent).

If you applied to change from one nonimmigrant status to another (for example, from B-2 tourist to F-1 student):

Your new status becomes effective from the date indicated in the approval notice.
You are now legally in the new status — you don’t get a new visa, but you can stay in the U.S. and begin the activities allowed under your new category (e.g., studying if you changed to F-1).
USCIS issues a new I-94 indicating your new status.
If you leave the U.S., you will need to apply for a visa stamp in the new category at a U.S. consulate abroad before returning.

Repeated "FAQ" text in a list format, indicating a section dedicated to frequently asked questions. Form I539

I539 FAQs

Can I work while my I539 is pending?

No, filing Form I-539 doesn’t give you the right to work in the U.S. If you want to work, you’ll need to file Form I-765 (for work authorization) if you have the right qualifying circumstances or be in a visa category that allows employment.

Can I leave the U.S. after filing I-539?

Generally, no. If you leave the U.S. before your application is approved, your I-539 may be considered abandoned.

How will I know if my I539 is approved?

You’ll receive a Form I-797 Approval Notice and, if applicable, a new I-94 attached to the bottom. This document is proof that you’re legally in the U.S. under your new status.

Can I include my family members in one application?

Yes, if they are all applying for the same type of change or extension. You’ll list them in the “Supplement A” section and submit one set of documents and one filing fee.

What happens if my I539 is denied?

If your I539 form is denied, you may be required to leave the U.S. immediately, especially if your original status has expired. Overstaying can impact your ability to return to the U.S. in the future.

What is the difference between the I-485 (Adjustment of Status) and the I-539?

The I-485 is used to adjust your status from whatever status you are in, into a green card status. You would need to have an approved or qualifying pending green card application to potentially qualify for filing an I-485. The I-539 is not used to file to change your status into a green card.

Take the First Step:

Request an evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

Take the First Step:

Request an evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

Take the First Step:

Request an evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

In this blog article:

What is I-539 form used for?

Common Use Cases of Form I539

Who Should File I539

Who Shouldn’t File I539

Eligibility Requirements for Form I539

Documents to Include with Form I539

Form I539 Filing Fee

Standard Filing Fees

When should you file Form I539?

I539 Processing Time

How to Complete the I539 Form

What happens if I-539 is approved?

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