Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 3 of 16) in pdf

Dependents of E nonimmigrants receive the same classification as the principal.

If you are filing for an extension/change of status as the dependent of a principal E nonimmigrant, you must submit

the following with your application:

A copy of the front and back of Form I-94 for each person included on this application;

Evidence of each applicant's relationship to the principal E nonimmigrant, such as a birth certificate or marriage

certificate and proof of termination of any prior marriages; and

At least one of the following:

(1)

Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the principal E nonimmigrant;

(2)

A copy of the I-797 Receipt Notice related to the principal E nonimmigrant's already pending Form I-129

petition;

(3)

A copy of the front and back of the principal E nonimmigrant's most recent Form I-94; or

(4)

A copy of the I-797 Approval Notice showing the principal E nonimmigrant has already been granted status

for the period requested on your application.

NOTE: Dependents of principal E nonimmigrants must apply on this form for extension/change of status to the

same E classification as the principal. An employer must file Form I-129 on behalf of a principal E nonimmigrant

who is currently in the United States. If the principal E nonimmigrant is not currently in the United States, he or

she must contact a U.S. Embassy or U.S. Consulate abroad to apply for E classification.

Dependent spouses of principal E nonimmigrants may not work upon approval of this application. To request

work authorization, the dependent spouse must file Form I-765, Application for Employment Authorization.

Dependent children of principal E nonimmigrants are not authorized for employment.

F-1, Academic Student

To request a change to F-1 status or to apply for reinstatement as an F-1 student, you must submit your Form I-94, as

well as the Form I-94 for each person included in the application.

Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student,

issued by the school where you will study and you must submit documentation that demonstrates your ability to pay

for your studies and support yourself, and any accompanying dependent family members, while you are in the United

States.

NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the course

of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before the

report date or start date of the course of study listed on Form I-20 or your requested change of status may not be

granted.

F-1 Reinstatement

In addition to the above documents, you must also submit evidence that your violation of status resulted from

circumstances beyond your control or that your violation relates to a reduction in your course load that would have

been within a Designated School Official's (DSO's) power to authorize, and that failure to approve reinstatement

would result in extreme hardship to you.

If you have been out of status for more than 5 months at the time of filing your request for reinstatement, you must

also provide evidence that your failure to file within the 5 month period was the result of exceptional circumstances

and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.

F-1 Extensions

Only use this form to request an extension if you were admitted for a limited duration as a student entering to study at

a public secondary school. All other students seeking information concerning extensions should contact their DSO.

Form I-539 Instructions 12/23/16 N

Page 3 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 3

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