EXTENSION OF STAY AND CHANGE OF STATUS, January, 1 2010

Publications

January, 2010

EXTENSION OF STAY AND CHANGE OF STATUS

How can I extend my stay or change my status? we are often asked in our professional practice. Here is a summary of the most common inquiries:

Can I extend or change my status as a visitor for pleasure or business?
Yes, you may if you are still in status. Extraordinary circumstances may excuse a late filing.
Can I apply to change from visitor to student status?
Yes, although you cannot start school until the change of status has been granted. Authorized stay for a student is usually granted for the duration of stay until you finish school. If you have been in school for a year at the completion of your studies, you can receive Optional Practical Training (OPT) plus 60 days of grace after the completion of OPT.
Can I change for a more permanent work status while I am on my OPT?
Yes, you may change to a professional or highly skilled employee (H-1) as long as you do this before your authorized stay has expired or any other work visa.
If I overstayed for 6 months or a year as a tourist, can I extend my stay?
No, you cannot extend unless the Attorney General grants you a Waiver of Inadmissibility. This cannot be granted unless you are the spouse or child of a U.S. citizen. If you marry a U.S. citizen, you may apply for permanent residence even if you have overstayed. If you have a transit visa (C) or a crewman visa (D) or a fiancé visa (K), you cannot extend or change your visa.
If I have an exchange visa (J) can I change my visa?
You may not change the J-1 if it has a 2 year foreign residence required. This is because your country wishes you to return to your country to provide a needed skill.

You may apply for a waiver. To do this, you need a non-objection letter provided by the foreign office of your country directed to the Secretary of State of the U.S. The State Department would likely approve the Waiver, if you can show that you are performing work of national interest to the U.S., or a governmental agency intervenes on your behalf, claiming that you are integral to the work of a U.S. government project and that your departure would seriously disrupt this project.

If I come to the U.S. as a visitor and I am accepted by a school within 60 days of my arrival, can I get a change to a student status?
If a change of status is sought within fewer than 60 days of arrival, the Immigration Service will likely deny the application because the Immigration Service would presume that you had a preconceived intent to change status. Especially is this so, if you applied to a school before you entered as a tourist, then you would almost certainly be presumed to have entered the U.S. with a preconceived intent.
If I leave the U.S. after my application has been filed but before it is approved, would the application continue?
The Immigration Service would consider that you had abandoned the application if you leave the U.S. while the application is pending.
If I have a skilled employee (H visa) or an intra company transfer (L visa), can I extend my visa or change my status, if I have stayed the maximum time allowed under these visas?
You cannot extend your visa in H or L status if you have used up the maximum time allowable: 6 years for H and 5 or 7 year for L depending on whether the L is managerial or executive. If, however, you have a permanent residence application pending for not less that one year and not yet completed, then you may continue to obtain extensions until your permanent residence application is acted on.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!

New York Immigration Lawyers > Immigration Publications > January 2010

Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

Read More

January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

Read More

FINALLY - RELIEF FOR MANY UNDOCUMENTED!

Read More

December 2011

J EXCHANGE VISAS

Read More

SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

Read More

DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

Read More

SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

Read More

November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

Read More

September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

Read More

BUSINESS VISAS FOR START UP COMPANIES

Read More

TRAINING VISAS (H-3)

Read More

August 2011

ENTREPRENEURS - SELF PETITIONS

Read More

WAIVERS

Read More

July 2011

REMOVAL, PHYSICAL

Read More

PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

Read More

INVESTORS : IMMIGRANT VISAS: EB-5

Read More

INVESTOR VISAS E-2

Read More

June 2011

NATURALIZATION, WHY & HOW

Read More

CHILD CITIZENSHIP ACT

Read More

ADVANCE PAROLE

Read More

May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

Read More

SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

Read More

K-1 FINANCE VISA AND DIVORCE

Read More

April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

Read More

GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

Read More

VAWA- VIOLENCE AGAINST WOMEN ACT

Read More

DETENTION OF IMMIGRANTS

Read More

March 2011

REMOVAL REMEDIES

Read More

U VISA

Read More

February 2011

Asylum Application filed late: What are your options?

Read More

January 2011

CONSULAR VISA PROCESSING

Read More

PROSECUTORIAL DISCRETION

Read More

VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

Read More

December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

Read More

H-1B VISA AVAILABILITY SOON TO CLOSE

Read More

APPEALS TO THE BOARD OF IMMIGRATION

Read More

November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

Read More

CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

Read More

WORK AUTHORIZATION

Read More

DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

Read More

October 2010

CITIZENSHIP APPLICATIONS

Read More...

T and U VISAS, REVISIONS TO THESE PROGRAMS

Read More...

APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

Read More...

DEPORTATIONS: SHIFT IN U.S. POLICY

Read More...

September 2010

RELIGIOUS IMMIGRANT WORKERS

Read More

INTRA-COMPANY TRANSFEREE (L-1)

Read More

PARDON REVIEW PANEL

Read More

August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

Read More

BATTERED SPOUSES, PARENTS AND CHILDREN

Read More

FIANCE(E) OF U.S. CITIZEN (K-1)

Read More

July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

Read More

DEPORTATION ORDERS MAY BE REOPENED

Read More

June 2010

NATURALIZATION

Read More

May 2010

Help for Immigration cases in Arizona

Read More

April 2010

H-1B WORK VISAS

Read More

March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

Read More

February 2010

TEMPORARY PROTECTED STATUS (TPS)

Read More

ASYLUM

Read More

January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

Read More

December 2009

GREEN CARDS

Read More

November 2009

H-1B, SPECIALTY OCCUPATION

Read More

October 2009

ASYLUM WAIVER APPLICATION

Read More

September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

Read More

August 2009

INTRA-COMPANY TRANSFEREES (L-1)

Read More

ASYLUM FOR BATTERED WOMEN

Read More

July 2009

DEATH OF A U.S. PETITIONER:

Read More

June 2009

ARRESTS OF UNDOCUMENTED ALIENS

Read More

May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

Read More

April 2009

VISITORS AND BUSINESS VISAS

Read More

March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

Read More

February 2009

SPECIALTY OCCUPATION H-1

Read More

January 2009

DEPORTATION ORDERS REOPENED

Read More

December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

Read More...

November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

Read More...

CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

Read More...

October 2008

NEW BUSINESS START UP: L OR E VISAS

Read More...

September 2008

EXTENSIONS OF TEMPORARY STATUS

Read More...

August 2008

CHILDREN OF U.S. CITIZENS

Read More...

July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

Read More...

June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

Read More...

SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

Read More...

May 2008

EXTRAORDINARY ABILITY

Read More...

LABOR CASES - HIGHER EDUCATION

Read More...

April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

Read More...

March 2008

IMMIGRANT, PUBLIC BENEFITS

Read More...

February 2008

IMMIGRATION INJUSTICE CORRECTION

Read More...

January 2008

FAST ACTION FOR IMMIGRATION DELAYS

Read More...

December 2007

BATTERED SPOUSE OR CHILD

Read More...

REVIEW OF GREEN CARD DENIAL

Read More...

November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

Read More...

September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

Read More...

August 2007

A WAY TO OBTAIN RESIDENCE

Read More...

July 2007

EMPLOYMENT VISAS

Read More...

June 2007

IMMIGRATION REFORM

Read More...

Copyright © 2004 Oltarsh & Associates, P.C. - All rights reserved. Sitemap - Links 1 | Links 2
Oltarsh & Associates, 494 Eighth Avenue, Suite 1704, New York, New York 10001.

The Material on this Website is intended to be for educational and entertainment purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and how it may affect your particular legal problem. Each legal problem depends on its individual facts. You should not act or rely on any information on this Website without seeking the advice of a competent attorney licensed to practice law for your particular problem