Introduction
The Department of Homeland Security (DHS) issues I94 record to aliens who are:
- Admitted to the U.S on a Visa.;
- Adjusting status while in the U.S.; or
- Extending their stay .
On most occasions all type of H1b , L1, and their dependents are issued I94 at the port of entry when you enter United states.
It is extremely important to keep your stay within I94 expiration date and file for i94 extension online if the expiry date is coming soon , as any time beyond that would be counted as illegal stay and could affectively bar you from entering the US in future.
In this blog we will provide a step-by-step guide on how to file for an i94 extension online.
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Understanding I-94 and Its Importance
- I94 is a arrival and departure record which is issued to any type of alien worker or visitor who enters US on a visa except US citizen. Anyone can access their recent i94 form via https://i94.cbp.dhs.gov/I94/#/recent-search. The visitor must exit the U.S. on or before the departure date stamped on the Form I-94. This is the “Admit Until Date” on the electronic Form I-94.
Common scenarios requiring an I-94 extension are:
- H-1B Visa Holders: Extending stay beyond the initial validity period due to ongoing employment.
- L-1 Visa Holders: Need for additional time to complete the intended work assignment in the U.S.
- E-1/E-2 Visa Holders: Extension required for ongoing trade or investment activities.
- F-1 Students: Additional time needed to complete academic programs or participate in Optional Practical Training (OPT).
- J-1 Exchange Visitors: Extending stay to complete exchange programs or training.
- B-2 Tourist Visa Holders: Extending stay for personal reasons, such as visiting family, attending special events, or unforeseen circumstances like medical emergencies.
- B-1 Business Visa Holders: Requirement for additional time to complete business activities, attend conferences, or engage in negotiations.
- Individuals awaiting approval of a change of status application (e.g., from B-2 to F-1).
- Applicants with pending Adjustment of Status (Green Card) applications needing to maintain legal status.
For I94 correction
If your I94 form requires only a correction for example incorrect name , Visa type etc then you can call CBP travel desk to get this corrected or visit local visit a local CBP Deferred Inspection Site to have his or her admission corrected. A list of Deferred Inspection Sites can be found on CBP’s website, https://www.cbp.gov, under the “Ports” link at the bottom of the page.
You can contact the CBP Information Center is open Monday–Friday, 8:30 a.m.–8 p.m. Eastern Time.
- Submit your question, compliment, complaint or tip online, or call:
- U.S. visitors: 877-CBP-5511
- Visitors outside the U.S.: +1–202–325–8000
Eligibility Criteria for i94 Extension
You must have a valid non immigrant status and no violations of current visa terms . Also you should file at least 45 days in advance of the i94 expiry date .
Documents Required for i94 Extension
1. Form I-539, Application to Extend/Change Nonimmigrant Status
2. Form I-94, Arrival/Departure Record
3. Passport
4. Visa
5. Proof of Current Non-Immigrant Status
6. Financial Documentation
7. Employment Verification (if applicable)
8. Academic Records (if applicable)
9. Medical Records (if applicable)
10. Proof of Residence
11. Dependent Documents (if applicable)
12. Filing Fee
13. Cover Letter
A cover letter summarizing your request for an extension, listing the included documents, and explaining any special circumstances.
Step-by-Step Guide to Filing for i94 Extension
Filing Form I-539, Application to Extend/Change Nonimmigrant Status, is a critical step for non-immigrants seeking to extend their stay or change their status in the U.S. Here’s a comprehensive guide on how to complete and file the form:
1. Obtain Form I-539
- Download the latest version of Form I-539 from the U.S. Citizenship and Immigration Services (USCIS) website.
2. Complete the Form
1: Information About You
- 1.a. — 1.c. Full Name: Enter your last name, first name, and middle name.
- 2. U.S. Mailing Address: Provide a current U.S. mailing address.
- 3. U.S. Physical Address: Provide your physical address if different from the mailing address.
- 4. — 5. Date of Birth and Country of Birth: Enter your date of birth and country of birth.
- 6. Country of Citizenship: List your country of citizenship.
- 7. Alien Registration Number (A-Number) if any: Enter your A-Number, if applicable.
- 8. U.S. Social Security Number: Enter your SSN if you have one.
- 9. USCIS Online Account Number: If you have previously filed an application online, provide your USCIS online account number.
- 10. — 12. Date of Last Arrival, I-94 Number, and Expiration Date: Provide the date you last entered the U.S., your I-94 number, and its expiration date.
2: Application Type
- 1. — 2. Check the appropriate box for either an extension of stay or a change of status.
- 3.a. — 3.c. Indicate your current nonimmigrant status, expiration date, and the status you are requesting.
3: Processing Information
- 1. — 4. Provide information about any employment authorization, if applicable.
- 5. — 7. Indicate if you are filing this application with other applications, if an interpreter was used, and if an attorney assisted you.
4: Additional Information About the Applicant
- 1. Family Name, Given Name, Middle Name: Enter your full name again.
- 2. — 3. Date of Birth and Country of Birth: Provide your date of birth and country of birth again.
- 4. Passport Number: Enter your passport number.
- 5. — 7. Travel Document Number, Country of Issuance, and Expiration Date: Provide details of your travel document if any.
5: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature
- 1.a. — 2. Choose and complete the appropriate statement about the use of an interpreter or preparer.
- 3. — 5. Applicant’s daytime telephone number, mobile number, and email address.
- 6.a. — 6.b. Sign and date the form.
6: Interpreter’s Contact Information, Certification, and Signature (if applicable)
- Provide details if you used an interpreter.
7: Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant (if applicable)
- Provide details if someone else prepared the form for you.
8: Additional Information
- Use this section if you need more space to provide additional information or explanations. Include your full name, A-number, and page number for each response.
3. Gather Supporting Documents
- Copy of Form I-94
- Passport biographic page
- Current visa stamp
- Proof of financial support
- Employment verification letter (if applicable)
- Academic records (if applicable)
- Medical records (if applicable)
- Dependent documents (if applicable)
4. Pay the Filing Fee
You can pay the fee with a money order, personal check, cashier’s check, or pay by credit card or debit 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.
When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment. Use Fee Calculator to help determine your fee.
I-539 Fees for application to Extend/Change Nonimmigrant Status.
5. Assemble Your Application Packet
- Arrange the documents in the following order:
- Form I-539
- Check or Form G-1450
- Copy of Form I-94
- Passport copy
- Visa copy
- Supporting documents
6. Mail Your Application
- Send your completed application packet to the appropriate USCIS Lockbox facility. The address varies based on your category and state of residence, so check the USCIS website for the correct mailing address.
7. Track Your Application
- After filing, you will receive a receipt notice (Form I-797C) with a receipt number.
- Use the receipt number to check the status of your application on the USCIS website.
8. Respond to Requests for Evidence (RFE)
- If USCIS requires additional information, respond promptly with the requested documents.
Timeline and Processing Times
Average processing time for I94 extension can vary between service center to center and also depends upon the category you are applying in.
Even if you have not filed an application with USCIS, you can still find out how long processing may take by using USCIS’ case processing time tool. When you use the tool, you will need to select:
- The form and form category you have filed or intend to file
- The USCIS office handling your case
- How to check the status of your application.
- What to do if your application is delayed.
Tracking you I-539 application
Online: Use the case status online tool to check for updates about your immigration case. You will need your 13-character receipt number from your application or petition.
Check your immigration case status
By phone: If you are calling from the U.S., contact the USCIS National Customer Service Center at 1–800–375–5283 or TTY 1–800–767–1833. If you are outside the U.S., call 212–620–3418 or contact a USCIS international field office.
After Filing: What to Expect
Once you file I-539 application you can expect to get below updates .
Receipt Notice (Form I-797C)
- Timeline: Within 2–4 weeks after filing. USCIS will send you a receipt notice confirming that they have received your application. This notice will include your case number, which you can use to track your application status online.Possible outcomes (approval, Request for Evidence (RFE), denial).
Biometric Service appointment- Only if applicable
All I-539 applications filed on or after October 1, 2023, will not be required to pay the biometric services fee and applicants will not be scheduled for a biometric services appointment unless USCIS determines that biometrics are require
RFE — Request for evidence
In this case supply additional evidence to USICS asap and wait for furthur proccessing.You can keep checking you application status via case status checker tool.
Travel Considerations During Extension Process
As a general advise travel is not recommended while your I-539 extension application is pending . However in case there is an emergency you might be better off consulting an immigration attorney via H1Bvisahub.
For specific Scenarios:
1. H-4, L-2, and Other Dependent Visas
- If you hold a dependent visa (e.g., H-4, L-2), leaving the U.S. while your extension is pending can lead to abandonment of your application. You would need to apply for a new visa stamp at a U.S. consulate abroad before returning.
2. F-1 Students
- If you are an F-1 student applying for a change of status (e.g., from F-1 to H-1B), traveling can abandon your change of status request. You would need to apply for an H-1B visa at a consulate abroad to re-enter the U.S. in H-1B stat.
Tips for a Successful I-94 Extension Application
Here are some essential tips to increase the likelihood of approval:
- Checklist: Check whether you can file I-539 online using this link . You can follow these instructions checklist which is on USCIS website.
- Timing: Submit your application at least 45 days before your current I-94 expires. Filing early shows proactive management of your visa status and allows time to address any issues.
- Accuracy: Ensure all information on Form I-539 is correct and consistent. Double-check for any errors or omissions.
- Documentation: Provide clear and complete copies of all required documents, such as your current I-94, passport, visa, and proof of financial stability.
- Reason: Provide a detailed explanation of why you need the extension. This could be for ongoing employment, continued studies, medical treatment, or other valid reasons.
- Compliance: Ensure you maintain your legal status throughout the extension process. Do not engage in unauthorized work or activities that violate your visa conditions.
- Legal Advice: If your case is complex or you are unsure about any part of the process, consider consulting an immigration attorney to guide you through the application.
FAQs About I-94 Extension online
Q1: My i94 expired but i have a valid visa , do i still need extension.
A1 : Yes , your stay in United states is governed by admitted till date in I94, therefore even if you have a valid visa, you still need to file for extension.
Q2: What happens if I travel outside the U.S. while my I-94 extension is pending?
- A2: Traveling outside the U.S. while your I-94 extension application is pending generally results in the abandonment of your application. It is advised to avoid international travel during this period.
Q3: Can I work while my I-94 extension is pending?
- A3: You can continue to work if your employment authorization is valid and your extension application was filed timely. Ensure you comply with the conditions of your visa status.
Q4: How can I check the status of my I-94 extension online application?
- A4: Use the receipt number from your Form I-797C, Notice of Action (receipt notice), to check the status on the USCIS website.
Q5: What are the fees for filing Form I-539?
- A5: The filing fee for Form I-539 can vary. Check the latest fee on the USCIS website. Additional biometric services fees may apply.
Q6: Can I include my dependents in my I-94 extension application?
- A6: Yes, you can include your dependents (spouse and children) in your Form I-539 application. Provide their relevant documents and information as required.
Q7: What are the consequences of overstaying my I-94 expiration date?
- A7: Overstaying your I-94 expiration date can result in unlawful presence, which may lead to penalties, including being barred from re-entering the U.S. for a certain period. It is crucial to file for an extension before your I-94 expires.
Q8: How long does it take to process an I-94 extension application?
- A8: Processing times vary depending on the USCIS workload and the specifics of your case. It can take several months. Check the USCIS processing times page for more detailed information.
Q9: What if my I-94 extension is denied?
- A9: If your I-94 extension is denied, you must leave the U.S. immediately unless you have another valid visa status. Consider consulting an immigration attorney to explore your options, including reapplying or appealing the decision.
Q10: Can I extend my I-94 multiple times?
- A10: Yes, you can apply for multiple extensions, but each application will be evaluated independently. Ensure you provide valid reasons and supporting documentation for each extension request.
Q11: What should I do if there is an error on my I-94?
- A11: If you notice an error on your I-94, contact the U.S. Customs and Border Protection (CBP) office where you entered the U.S. or the nearest CBP deferred inspection site to correct the error.
Conclusion:
- Apply 45 days before the I94 expiration date
- Include your dependents
- Aviod travel while your application is pending
- Keep checking your application status online.
- Contact CBP travel desk in case you want any information or have any questions.
If you want to know more and get expert advise on how to go about your I94 extension , go to H1Bvisahub get matched to best immigration experts.
References — https://www.uscis.gov/ .
