How to Extend Your Stay in the US (Form I-539 and I-129)

Your I-94 is your electronic arrival record. Its "admit until" date tells you how long you may stay. Your visa only controls when you can travel to a US port of entry. A visa can expire while you are lawfully in the US, and a valid visa does not let you stay past your I-94 date.

Download your I-94 from the CBP I-94 website. Check it after every entry, because errors happen. If CBP made a mistake, ask CBP to correct it.

F-1 and J-1 students admitted for "duration of status" (D/S) do not have a fixed date. They extend by asking their school to extend the program on the I-20 or DS-2019. A rule that would have replaced D/S with fixed dates was blocked by a court on September 14, 2026. See F-1 fixed admission period status.

You can usually apply if you were lawfully admitted, your status is still valid, and you have not violated it.

You cannot extend if you entered:

• On ESTA under the Visa Waiver Program. In an emergency (such as a medical problem or cancelled flight), USCIS or CBP may grant up to 30 days of "satisfactory departure" so you do not count as an overstay.
• In transit (C) or as crew (D)
• On a K-1 fiancé(e) visa
• As an informant (S) or in some other limited categories

Visitors can ask for more time, usually up to 6 months, if they have a temporary reason, such as:

• Medical treatment or caring for a sick relative
• A family emergency or event
• More tourism or business activities, with enough money to pay for them

File Form I-539 before your I-94 expires. USCIS recommends filing at least 45 days early. Include:

• A written explanation of why you need more time and when you will leave
• Proof of funds, such as bank statements
• Proof of ties to home, such as a job, home, or family abroad
• A copy of your return ticket, if you have one

You cannot work while on B status, even with an extension pending. See B-2 tourist visa and B-1 business visa.

For work categories, the employer files Form I-129 to extend. Examples:

If the employer files on time, you can keep working for the same employer for up to 240 days after your I-94 expires while the extension is pending.

Spouses and children in dependent status (H-4, L-2, O-3, TD) usually file Form I-539 at the same time as the worker's petition.

If you file on time, you are in a "period of authorized stay" while USCIS decides, and you do not build up unlawful presence. You may stay in the US.

If you leave the US while an I-539 is pending, the request is generally abandoned. Workers with valid visas can often travel and be readmitted based on the pending or approved petition, but check with the employer's lawyer first.

Processing times vary; check the USCIS processing times tool.

If your extension is denied after your I-94 date has passed, unlawful presence generally starts the day after the denial. Leave promptly, or talk to a licensed immigration lawyer about other options. Waivers exist in limited cases; see visa denials and waivers.