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EB1 & NIW ASSESSMENT

    B-1/B-2 Extension & Change of Status

What Are B-1 and B-2 Visas?

The B-1/B-2 visa is a nonimmigrant visa issued to individuals entering the United States temporarily for business (B-1) or tourism, medical treatment, or visiting family and friends (B-2). While this visa is typically valid for up to 6 months (with the option to stay up to 1 year in special cases), many individuals find themselves needing to renew, extend, or change their visa status.

If you’re in the U.S. and your I-94 is nearing expiration, you can apply to extend your stay or change to another nonimmigrant status without leaving the country. These processes help you avoid overstaying and maintain lawful status, but they require timely filing and specific documentation. USA Visa Now can guide you through the steps to ensure a smooth application process with USCIS.

USCIS data indicates that over 200,000 B-1/B-2 extension or change of status applications were filed in fiscal year 2023, reflecting the popularity of these processes for maintaining lawful presence in the U.S.

Eligibility for Extension or Change of Status

Both extension of stay and change of status have specific eligibility requirements for individuals already in the U.S. on a B-1 or B-2 visa. Below are the criteria.

B-1/B-2 Extension of Stay

You are currently in the U.S. on a valid B-1 or B-2 visa.

Your authorized stay (per your I-94 record) has not expired at the time of filing.

You have a legitimate reason to extend your stay (e.g., continued business activities, extended medical treatment, or tourism).

You have not violated your visa terms (e.g., no unauthorized employment).

You can demonstrate intent to leave the U.S. after the extension period.

Change of Status from B-1/B-2

You are currently in the U.S. on a valid B-1 or B-2 visa.

You have not violated your current visa conditions.

You meet the eligibility criteria for the new nonimmigrant status (e.g., F-1 for students, H-1B for workers).

You file before your current I-94 expires.

You can prove nonimmigrant intent for the new status (if required) and intent to depart the U.S. after the new status ends.

B-1/B-2 visa

Application Process

The processes for extending your B-1/B-2 stay or changing your status while in the U.S. involve filing with USCIS. Below are the steps for each.

B-1/B-2 Extension of Stay

File Form I-539

Submit Form I-539 (Application to Extend/Change Nonimmigrant Status) to USCIS before your I-94 expires.

Provide Supporting Evidence

Include a letter explaining the reason for the extension, proof of financial support, and copies of your I-94, passport, and visa.

Wait for USCIS Decision

Processing typically takes 2–6 months; you can remain in the U.S. legally while the application is pending, but you cannot travel abroad during this time.

Receive Approval

If approved, USCIS will issue a new I-94 extending your stay, typically for an additional 6 months.

We provide reliable legal assistance for extending, renewing, or changing status from a B-1/B-2 visa within the United States.

Attorney Fee

  • Attorney Fee: $1,000

  • Dependents: Additional $200 per dependent

How to Get Started – Simple 3-Step Process

  1. Request Retainer
    Fill out a quick form to request your custom retainer agreement.
    Request Retainer Agreement

  2. Complete & Submit
    Once we receive your signed agreement and payment, you’ll receive access to our client portal to complete your questionnaire and upload supporting documents.

  3. We Prepare & File
    We’ll prepare your application package and submit it to USCIS. Our team will track the case status and provide updates until a decision is made.

Required Documents

  • Form I-539 (Application to Extend/Change Nonimmigrant Status).
  • Copy of your I-94 (arrival/departure record).
  • Valid passport (must remain valid for the entire requested extension period).
  • Letter explaining the reason for the extension (e.g., ongoing business, medical needs).
  • Proof of financial support (e.g., bank statements, sponsor letter).
  • Evidence of ties to your home country (e.g., employment letter, property deeds).

Filing Fees

  • Form I-539: $470 (as of April 2025).
  • Biometrics fee: $0 (biometrics fees for Form I-539 were exempted for most applicants starting October 1, 2023).

Change of Status from B-1/B-2

File Form I-539 (and I-129 if applicable)

Submit Form I-539 to USCIS. If changing to a work visa (e.g., H-1B), your employer must also file Form I-129.

Submit Supporting Documents

Include evidence of eligibility for the new status (e.g., school acceptance letter for F-1, job offer for H-1B), a letter explaining the reason for the change, and proof of financial support.

Wait for USCIS Decision

Processing takes 2–6 months; you must remain in the U.S. during this period to maintain lawful status.

Receive Approval

If approved, USCIS will issue a new I-94 reflecting your new nonimmigrant status.

We provide reliable legal assistance for extending, renewing, or changing status from a B-1/B-2 visa within the United States.

Attorney Fee

  • Attorney Fee: $1,000

  • Dependents: Additional $200 per dependent

How to Get Started – Simple 3-Step Process

  1. Request Retainer
    Fill out a quick form to request your custom retainer agreement.
    Request Retainer Agreement

  2. Complete & Submit
    Once we receive your signed agreement and payment, you’ll receive access to our client portal to complete your questionnaire and upload supporting documents.

  3. We Prepare & File
    We’ll prepare your application package and submit it to USCIS. Our team will track the case status and provide updates until a decision is made.

Required Documents

  • Form I-539 (Application to Extend/Change Nonimmigrant Status).
  • Form I-129 (Petition for a Nonimmigrant Worker) if changing to a work visa like H-1B (filed by your employer).
  • Copy of your I-94 (arrival/departure record).
  • Valid passport and current B-1/B-2 visa.
  • Letter explaining the reason for the status change.
  • Evidence of eligibility for the new status (e.g., I-20 for F-1, labor condition application for H-1B).
  • Proof of financial support (e.g., bank statements).
  • Evidence of ties to your home country (e.g., employment letter, property deeds).

Filing Fees

  • Form I-539: $470 (as of April 2025).
  • Biometrics fee: $0 (biometrics fees for Form I-539 were exempted for most applicants starting October 1, 2023).
  • Form I-129 (if applicable, e.g., for H-1B): $460 (employer-paid).
  • Additional I-129 fees (if applicable): Fraud Prevention and Detection Fee ($500), ACWIA Fee ($750 or $1,500 based on employer size), and Public Law 114-113 Fee ($4,000 for certain employers with 50+ employees, more than 50% in H-1B/L-1 status).
  • Premium processing fee (optional, for I-129): $2,500 (reduces processing to 15 days).
B-1/B-2 visa Application Process

Common Challenges and How to Avoid Them

Extending or changing status from a B-1/B-2 visa can present challenges like delays, denials, or compliance issues. USA Visa Now helps you navigate these obstacles with strategic planning and expertise, ensuring a smoother process.

Proving Nonimmigrant Intent

USCIS may question your intent to leave the U.S. after your stay. Provide strong evidence of ties to your home country, such as a job or property, to demonstrate your intent to return.

Late Filing of Application

Filing after your I-94 expires can lead to denial and unlawful presence. Submit your application at least 45 days before your authorized stay ends to avoid complications.

Insufficient Documentation

Missing documents can result in a Request for Evidence (RFE) or denial. Include all required evidence, such as financial proof and a detailed explanation of your request, to strengthen your case.

Frequent or Prolonged Stays

Repeated extensions may raise suspicion of immigrant intent, risking denial. Limit extension requests and ensure each stay aligns with the visa’s temporary purpose to maintain credibility.

Frequently Asked Questions

How Long Can I Extend My B-1/B-2 Stay?

Extensions are typically granted for 6 months, but USCIS evaluates each case based on your reason and intent to depart.

Can I Work on a B-1/B-2 Visa While Awaiting a Change of Status?

No, B-1/B-2 visas prohibit employment; you must wait until your new status (e.g., H-1B) is approved to work legally.

Can I Travel Abroad During an Extension or Change of Status Application?

No, leaving the U.S. while your application is pending will result in abandonment of the request; you must stay in the U.S. until a decision is made.

Can I extend my B-1/B-2 stay more than once?

Generally, USCIS will not approve more than one extension unless there are extraordinary circumstances.

Can I stay in the U.S. while my extension or change of status is pending?

Yes, if you applied before your I-94 expired. You may remain until USCIS makes a decision.

Is premium processing available for B-1/B-2 visa extensions?

No. Premium processing is not available for Form I-539.

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