Extensions of Stay/Status

March 14, 2017AsteraLawResources

Numerous visa statuses may be extended while in the United States under various circumstances.

B1/B2 Visitors

The most common visa status that is extended is B1 visitors for business and B2 visitors for pleasure. A foreign national obtains a B1/B2 visitor’s visa at a U.S. consulate or embassy in their home country. A B1/B2 visa application is filed electronically and results in an in-person interview at the U.S. consulate or embassy. If the visa application is approved, a B1/B2 visa is placed in the foreign national’s passport for later travel to the United States. The validity of the B1/B2 visa is based on a reciprocity schedule for each country. Some B1/B2 visas are issued for multiple years while others, depending on the country originating from, may be issued for a limited time frame, even for one entry.

Once you arrive in the United States on a B1/B2 visa and are admitted for a particular period of time, you may subsequently request an extension of your stay. B1/B2 status may be extended to allow a total stay of up to 12 months. Therefore, if you are initially admitted for 6 months, you may request an extension for up to another 6 months. To request an extension of your B1/B2 status, you must generally establish the following:

Ability to fund your stay for the extended duration;
Purpose of your extended stay;
Intention to return to your country of origin at the completion of the extended stay.

Just as with a B1/B2 admission, with a B1/B2 extension you are still limited to the conduct and activities authorized for a visitor for pleasure or a visitor for business.

It is important to remember a few points when it comes to filing a B1/B2 extension:

Extension of status is a different concept than applying for a new or extending the visa itself. Extension of status is completed through an application process in the United States;
You must apply for an extension prior to the expiration of your original period of admission;
If you depart the United States while your extension application is pending you will abandon the extension application;
If your extension application is pending, in most cases, you must wait for the approval of that application before you can subsequently apply to change status to another nonimmigrant visa category.

Other Visa Categories

Other visa categories are eligible for extension while in the United States, such as:

TN
H1B
E1/E2
L1A/B

These visas are employer or employment specific and therefore may only be extended with the cooperation of the petitioning employer or business. The extension process for these types of visas is very different than an extension for a B1/B2 visa.

To request an extension of the employment based nonimmigrant statuses mentioned above, you must generally establish the following:

The terms of the original nonimmigrant status and application are still met;
You are applying for the extension prior to the expiration of your current status.

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