Extension, Change or Adjustment of Status

Non-immigrant visas are valid only for a limited period of time.  Aliens entering the U.S.on a non-immigrant visa will be given an I-94 form stating the period of validity for the non-immigrant visa. Usually, the immigration officer who admits an alien to the United States will attach the I-94 form to that alien’s passport.  If an alien wishes to remain in the U.S. for a period longer than the validity period listed on his or her I-94 form, then that alien will need to modify his or her legal status in the U.S. in order to obtain a longer period of validity. 

There are three main ways to do this. The first is to request an extension of the alien's current non-immigrant status. Many types of non-immigrant status can be extended beyond their initial period of validity (though most types of non-immigrant status are subject to some overall limit on the length of stay in the U.S.)  The second way to obtain a longer period of validity is to request to change one’s current non-immigrant status to a different type of non-immigrant status (with a different validity period).  For example, an alien who came to the U.S. to study under an F-1 visa may be able to change his or her status to H-1B in order to remain in the United States and work for a U.S. employer.  The third way to obtain a longer period of validity is to request an adjustment of status. An adjustment of status allows an alien who is in the U.S. under a non-immigrant status to change to permanent resident status (also known as“green card” status) without ever having to leave the U.S.  As an example of this, an alien in the U.S.to work under H-1B status may be able to adjust his or her status to permanent residence by proving to C.I.S. that he or she has “extraordinary abilities” and is thus eligible for a green card under the EB-1(a) program.

If you are in the U.S. on a non-immigrant status, and are interested in extending your stay, contact Law Offices of Nicholas Lowry.  Our experienced immigration professionals can evaluate your situation, help you to determine the best way to proceed, and prepare and file the necessary paperwork for you.