Maintaining, Extending and Changing of Status

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Maintaining, Extending and Changing of Status
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Sample Nonimmigrant Visas
The visa is the U.S. entry document issued by the
U.S. Department of State that is either stamped
or pasted in the individual's passport. The visa
stamp bears the name and date and place of birth
of the individual. The visa also indicates the
non-immigrant status of an individual and is
valid during the validity period noted on it.
Other restrictions may be noted on the visa stamp.
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Sample Arrival-Departure Record (I-94
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Sample Arrival-Departure Record for Visa Waiver
Country
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Extension of Nonimmigrant Status
Receipt of visa
Arrival at port of entry
Request for extension
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Extension Requirements

• Maintenance of status
• Legally admitted to the U.S.
• Did not violate terms of nonimmigrant status
• Within time limits of status
• Continuing eligibility for status
• Not inadmissible

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Voluntary departure request or institution of
removal proceedings
Receipt of visa
Arrival at port of entry
Extension App.
Violation of status
(Unless person can qualify for rein-statement
application will be denied)
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Extension of Nonimmigrant Status
Receipt of visa
Arrival at port of entry
Additional period
Request for extension
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Limitations on Extensions

• Authority for period of extensions and rules
  governing extensions for a particular visa status
  are found at 8 C.F.R. 214.2
• Most nonimmigrants may not remain longer than 1
  year, others may be extended for 1 year periods,
  may not aggregate for a period beyond a term of
  years
• E.g. H-1B visas may be extended for up to 6 years
  (fashion modeling), or 10 years (Dept. of Defense
  Researchers), H-3 not to exceed 2 years, L visas
  may be extended for up to 5 (specialized
  knowledge capacity) or 7 (managerial or executive
  capacity) years and R visas for up to 5 years
• Visa waiver nonimmigrants are ineligible for
  extensions

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Requirements for Changing Status

• Has at all times maintained status or was
  reinstated to status
• Justify why visa for status sought was not
  obtained prior to original arrival in the U.S.
• Eligible for new status

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Change of Status
Change of status application
Receipt of visa
Arrival at port of entry
(extension of status)
extension of status
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Change of Status
Change of status application
Receipt of visa
Arrival at port of entry
(extension of status)
extension of status
(New status for new period)
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INS issues notice to depart voluntarily or
institutes removal proceedings
Receipt of visa
Arrival at port of entry
Change of status denied
extension of status