Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 5 of 16) in pdf

11.

J-1, Exchange Visitor

If you are requesting a change of status to J-1 nonimmigrant classification, your application must be filed with a

DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your Form I-94, as well as the

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

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

approved program listed on Form DS-2019. You must maintain your current, or other, nonimmigrant status up to 30

days before the report date or start date of the approved program listed on Form DS-2019 or your requested change of

status may not be granted.

J-1 Extensions

If you are a J-1 exchange visitor seeking an extension of nonimmigrant status, contact the responsible officer of your

program for information about this procedure.

J-1 Reinstatement

If you are a J-1 exchange visitor seeking reinstatement, contact the responsible officer at your sponsoring program for

information about the reinstatement procedure.

Notice to J Nonimmigrants

A J-1 exchange visitor whose status is to receive graduate medical education or training, and who has not received the

appropriate waiver, is ineligible for change of status except to a nonimmigrant T or U visa. In addition, a J-1

exchange visitor who is subject to the foreign residence requirement, and who has not received a waiver of that

requirement, is only eligible for a change of status to a nonimmigrant A, G, T, or U visa.

If a J-1 exchange visitor is subject to the foreign residence requirement, the J-2 dependent is also subject as a

derivative to this requirement. If the J-1 exchange visitor obtains a waiver of the foreign residence requirement, the

J-2 dependent is also exempt from the requirement. Under certain limited circumstances, a J-2 dependent may be

independently eligible for a waiver of the foreign residence requirement.

A former J nonimmigrant (either a J-1 principal or a J-2 dependent) subject to the foreign residence requirement, who

is currently maintaining another nonimmigrant visa status, continues to be subject to the foreign residence

requirement. As noted above, the former J nonimmigrant is ineligible for a change of status until he or she fulfills the

foreign residence requirement or obtains the appropriate waiver.

If you are a current or former J nonimmigrant, you must provide information about this status, including the dates you

maintained status as a J-1 exchange visitor or a J-2 dependent. Willful failure to disclose this information (or other

relevant information) can result in your application being denied. Provide proof of this status along with your

application, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, or a copy of your

passport that includes the J visa stamp.

12.

Dependents (L-2) of an L, Intracompany Transferee

If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany

transferee, you must submit the following with this 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 L intracompany transferee, 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 L intracompany transferee;

(2)

A copy of the I-797 Receipt Notice related to the L intracompany transferee's already pending Form I-129

petition;

(3)

A copy of the front and back of the L intracompany transferee's most recent Form I-94; or

Form I-539 Instructions 12/23/16 N

Page 5 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 5

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