Using the Form I-539 to Change or Extend Your Visa Status

The Form I-539 is a personal application that is used to request a change or extension of your current visa status from the USCIS while inside the U.S. In most cases, it may also be possible to change or extend your visa status by exiting the U.S. and getting a new visa stamp from the embassy in your country of citizenship (if necessary) and then re-entering the U.S. However, exiting the U.S. and re-entering may not be a viable option due to the costs of traveling and long wait times at the U.S. embassy. In such situations, filing Form I-539 and waiting for the USCIS to approve your application can be advantageous. Before you start your I-539, be aware of the following:

Timing

The estimated processing time for the I-539 can be found on the USCIS website. Ensure that there is enough time for your application to be approved before the end of your current visa status. In some cases, it may also be possible to request Premium Processing for your I-539 application. Premium Processing can result in a faster response from USCIS and help prevent a gap between the end of your current visa status and the start of your new status. Premium processing guarantees a response within 30 business days.

Costs

The I-539 requires applicants to pay a filing fee when submitting the form. If you choose to request Premium Processing of your I-539, an additional cost will be added. Depending on the type of request you are making, other fees may be required as well, such as a biometrics fee or initial SEVIS fee. International students and scholars are responsible for USCIS extension of stay fees. 

Risk

The I-539 is a personal application to the USCIS so the ISSO is legally unable to assist you with your application beyond providing these very general instructions. Only a licensed immigration attorney can provide you with personal guidance on Form I-539. If you encounter a question on the I-539 that you are unsure about how to answer, we recommend you discuss the matter with an attorney. A rejection or denial of your I-539 could have significant consequences for your ability to remain in the U.S. and only an attorney can help you file the I-539 correctly or respond to any RFEs from USCIS after you file your application.

Alternatives to Using Form I-539

It is not always necessary to file an I-539 to extend or change your visa status. In many cases, departing the U.S. and then re-entering with a valid visa stamp (if necessary) can have the same effect as filing the form I-539. However, departing the U.S. may not be advisable for all individuals, depending on factors such as their country of citizenship or long processing times at the U.S. embassy in their home country. You can learn more about the differences between filing an I-539 and departing the U.S. and re-entering using our comparison chart.

Common Scenarios for Filing an I-539

Changing Status from F-1 OPT to J-1

If you are currently on F-1 OPT or STEM OPT and your department has asked that you change status to J-1 after your OPT ends, you will need to file an I-539 if you do not wish to depart the U.S. and apply for a J-1 visa at the U.S. embassy in your home country. Please pay close attention to the I-797 approval notice start date, as it may be different from what you requested. If it is different, contact your ISSO adviser.

Extending or Changing to H-4 Visa Status

If you are currently in a dependent status, such as F-2 or J-2, and your spouse will change status to a UCSF-sponsored H-1B, you must provide the ISSO with your I-539 in order to change to H-4 visa status at the same time your spouse changes to H-1B. Similarly, if your spouse will extend their UCSF-sponsored H-1B visa status, a new I-539 is required to extend your H-4 visa status to match the new H-1B end date. Please coordinate with the ISSO H-1B visa advisor if you need to change or extend your current visa status as part of the H-1B application.

Note: changing your current visa status to a UCSF-sponsored H-1B (not an H-4 dependent) does not require an I-539; the ISSO will file a different form for that request.

Resources

Frequently Asked Questions

What is a visa status?

Your current visa status is indicated on your most recent I-94. Your most recent I-94 can be accessed via the CBP website or, if you previously changed or extended your visa and have not departed the U.S. since then, your I-94 is attached to the bottom of your most recent I-797.

Your I-94 provides your visa status in the “Class of Admission” field. You are allowed to remain inside the U.S. until the date indicated on the “Admit Until” date printed on the I-94.

I’m currently outside of the U.S. Can I file an I-539?

No. You must be inside the U.S. to submit an I-539. If you are outside of the U.S., you are not in any visa status and therefore have no status to change or extend.

Can I file an I-539 inside the U.S. and then leave the country to wait for it to be approved?

No. You must remain in the U.S. while the I-539 is pending. If you leave the U.S. with a pending petition, the petition will be considered abandoned and denied.

Do I have to file an I-539 if I already have plans to go back to my home country?

No. The I-539 only needs to be filed if you need to change your visa or extend your visa status without departing the U.S. If you have plans to depart the U.S. around the end of your current visa status, consult with your ISSO advisor about changing or extending your visa status via travel instead of the I-539. In some cases, traveling may be faster and cheaper. Your ISSO advisor can provide you with the factors to consider if travel is an option.

Do you advise hiring an attorney to file my I-539?

Yes, working with an attorney is recommended (but not required). If you have a complex immigration history or are unsure how to respond to any of the questions on the I-539, you must direct your questions and concerns to an immigration attorney.

Should I file my I-539 online or use the paper version?

The online I-539 is convenient and slightly less expensive and may be used in most cases, except for H-4 dependents. There is no way to use the online I-539 if you wish to extend or change to H-4 visa status together with a spouse or parent’s extension or change to H-1B visa status. For most other situations, the online I-539 application is an option.

Can I remain in the U.S. if my I-539 hasn’t been approved before the end of my current visa status?

The answer to this question can be complex and depends on a variety of factors. Changing your visa status within the U.S. can take a long time and may even require changing to a “bridge” visa status. Therefore, the ISSO cannot say whether you are able to remain inside the U.S. if your I-539 is pending after your previous visa status has ended; only an immigration attorney who is familiar with your case can comment. Whenever possible, the ISSO recommends that you file the I-539 as far in advance of your current status end date and use premium processing to avoid having a pending I-539 after your current status ends.

Can I continue working if I have filed an I-539 before the end of my current visa status and it is not approved before my current status ends?

No. We do not recommend that you continue any employment after your previous visa status has ended, and your I-539 application has not yet been approved, or your I-797 Approval Notice has not been received. Contact your Academic Personnel Analyst (APA) regarding your ability to continue working based on your APA's I-9 guidance.

Can the ISSO look at my I-539 before I send it to the USCIS?

No.

My spouse is already in H-1B visa status and I would like to change my current status to be an H-4 under their H-1B. Does the ISSO need to file my I-539?

No, the I-539 is a personal application. If you are currently in the U.S. in another visa status and wish to change your status to be a dependent of your spouse’s UCSF-sponsored H-1B, you must file the I-539 form independent of ISSO. Be sure to reference your spouse’s UCSF H-1B Receipt Notice in your I-539 application so USCIS can match your application to their approved I-129.