Expat visa extension guide from Houston
Some visas can be extended. You can either file the visa extension while you are legally in the U.S. with the filing center for the USCIS (U.S. Citizenship and Immigration Services) or in your home country’s U.S. consulate. It is recommended to file for extensions six months in advance to allow processing time. If you are in the U.S. and want to file the extension here, use the “Instructions for Completing Form …” to be sure you fill out everything correctly and to obtain the correct address to mail the form to.
The address generally depends on your current location. For example, for I-539 and I-129 and being currently in Houston employed and residing, the Vermont Center would be the filing center to mail the form to: USCIS Vermont Service Center, ATTN: I-539 (or I-129, depending on what you file), 75 Lower Welden Street, St. Albans, VT 05479.
B-1/B-2 Business and Tourist/Visitor Visa Extension
When arriving in the U.S., the B1/B2 nonimmigrant visitor will have a I-94 attached in their passport. As long as this I-94 has not expired, stay is granted. Extensions may be filed for another 6 months typically and should be submitted prior to expiration of your visa. As long as the I-94 is valid, you can still travel outside the country. If it has expired, do not leave or you will have to submit your request to the U.S. consulate in your home country.
The following must be provided:
- Completed I-539 Form Application to Extend/Change Nonimmigrant Status
- If you are filing an extension as a B-2 nonimmigrant tourist/visitor, view form M-752.
- For form I-539, visit the following link: http://www.uscis.gov/
- Make sure to download the PDF “Download Instructions for Completing Form I-539” as it also lists the address where to send the form (depending on your current location).
F-1 Student Visa Extension
Students may stay in the U.S. even if their visa has expired, as long as they are a full time student and their I-94 card is current. If they leave the U.S. after their visa expired, they will need to reapply at the U.S. consulate in their home country prior to re-entering the U.S.
Students seeking to change to H-1B status may remain in the U.S. legally until their H-1B application is either approved or denied.
The following must be provided:
- Completed I-539 Form Application to Extend/Change Nonimmigrant Status
- For form I-539, visit the following link: http://www.uscis.gov/
H-3 Trainee Extension
H-3 Temporary Trainee Visas are usually issued for the duration of the training program (up to 2 years). Extensions may be granted, but within the 2-year limit.
To extend an H-3 visa, go through the same process as originally applying for the visa.
An applicant for an H-3 Visa must provide the following:
- (Form I-129) Petition for a Nonimmigrant Worker
- Company or program’s petition and documents
- For form I-129, visit the following link: http://www.uscis.gov/
E-1 Treaty Trader Visa E-2 Treaty Investor Visa Extension
Extensions are granted. To extent an E-1 or E-2 visa, go through the same process as originally applying for the visa.
- (Form I-129) Petition for a Nonimmigrant Worker
- Documentation to show investment and employee information
- For form I-129, visit the following link: http://www.uscis.gov/
L-1 Intra-company Transfer Work Visa Extension
The lengths for L-1 Visas are L1-A up to 7 years, L1-B up to 5 years. There are no extensions allowed; however, a L1-B may transfer to an H-1B for an additional year of stay. You must have form I-797 (Notice of Approval) for the H-1B Visa and pay stubs (employment and income proof) from your employer and can file within the U.S.
H-1B Work Visa and H-2B Extension
The length for H-1B Visas is up to 6 years. An extension can be filed within the U.S. If you have a work certification or an I-140 (Immigrant Worker Petition for Green Card) filed for 1 year or longer before the 6th year of the H-1B Visa, you can apply for an extension of the H-1B for another year with the employer.
To extend an H-1B or H-2B visa, go through the same process as originally applying for the visa.
An applicant for an H-1B or H-2B Visa must provide the following:
- (Form I-129) Petition for a Nonimmigrant Worker
- (Form M-735) Optional Processing Worksheet for H-1B Filing
- Company or program’s petition and documents
- For form I-129, visit the following link: http://www.uscis.gov/
O-1 Non-immigrant Visa Extension
There is no limit of duration of stay but visas are generally given for the time it takes to complete the job that the O-1 applicant has come for, but no longer than three years. Extensions can be filed for up to one additional year.
To extend an O-1 visa, go through the same process as originally applying for the visa.
An applicant for an O-1 Visa must provide the following form:
- (Form I-129) Petition for a Nonimmigrant Worker
- For form I-129, visit the following link: http://www.uscis.gov/
- O-Supplement
- Proof of high salary or receipt of recognized prizes or awards, or published material in publications concerning the field of work or proof of majorly significant contributions in the field of work.
J Exchange Visitor Visa Extension
Students may stay in the U.S. even if their visa has expired, as long as they are a full time student and their I-94 card is current. If they leave the U.S. after their visa expired, they will need to reapply at the U.S. consulate in their home country prior to re-entering the U.S.
Students seeking to change to H-1B status may remain in the U.S. legally until their H-1B application is either approved or denied.
To extent a J exchange visitor visa, go through the same process as originally applying for the visa.
An applicant for an J-1 Exchange Visitor Visa must provide the following:
- Financial proof to support
- DS 2019, Certificate of Eligibility for Exchange Status from program sponsor.
- A Training/Internship Placement Plan, Form DS-7002.
- Form DS-156 Nonimmigrant Visa Application
- Form DS-157 Supplemental Nonimmigrant Visa Application
- For the forms, visit http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Forms should be sent to: National Visa Center, Attn: CMR, 31 Rochester Ave. Suite 100, Portsmouth, NH 03801-2914
