Table of Changes

March 6, 2007

I-539 Instructions	Old	New
P.1 under A B-1 Visitor for business or B-2 , Visitor for pleasure, insert new information after current text which continues on page 2, left column P. 3 under the heading “A J-1 Exchange Visitor”, P. 5, right hand column, change the heading that currently reads “When and Where to File“ .5, right hand column, Insert a new section, “Where to File” below the bullets for “When to File”	New language—not replacing anything “If you are requesting a change of status to J-1, your application must be filed with an original IAP-66, Certificate of Eligibility for Exchange Visitor Status issued by your program manager” “When and Where to File“ You must submit an application for extension of stay or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that: The delay was not due to extraordinary circumstances beyond your control The length of the delay was reasonable; You have not otherwise violated your status; You are still a bona fide nonimmigrants; and You are not in removal proceedings. “If you are filing as a V applicant, follow the instructions on the Supplement A to Form I-539, Filing Instructions for V Nonimmigrants, on where to file your application If you are filing for reinstatement as a F-1 or M-1 student, sumit this application at your local USCIS office. For information on how to use our Info Pass system, visit our website at www.uscis.gov. If you are the dependent spouse or child of a principal E, H,L, O, P, R, or TN nonimmigrant and you are seeking change of nonimmigrant status or extension of stay, and: If your Form I-539 is being filed together with the principal’s Form I-129, send the entire Form I-129/I-539 package to the Vermont Service Center at the address noted below: USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479 If the principal’s Form I-129 has already been approved, submit your Form I-539 to the Vermont Service Center at the address noted below. (Include a copy of the principal’s Form I-129 approval notice). USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479 If the principals Form I-129 is still pending, file your Form I-539 with the same service center whrere the Form I-129 is pending, (Include a copy of the receipt notice for the principal’s pending Form I-129. In all other instances, mail your application to the USCIS Service Center listed below having jurisdiction over where you live in the United States. If you linve in Connecticut, Dleaware, District or Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, the U.S. Virgin Islands, Vermont, Virginia, or West Virginia, mail you application to: USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479 If you live in Alabama, Arkansas, Flordia, Georgia, Kentucky, Louisiana, Mississippi, new Mexico, North Carolina, Oklahoma, South Carolina, Tennessee or Texas, mail your application to : USCIS Texas Service Center P.O. Box851182 Mesquite, TX 75185-1182 If you live in Arizona, California, Guam, Hawaii, or Nevada, mail your application to USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053 If you live elsewhere in the United Sates, mail your application to: USCIS, Nebraska Service Center P.O. Box 87539 Lincoln, NE 68501-7539	If you are applying for an extension/change of B-1, Visitor for pleasure, you must designate your desired status using the following classification in Part 2.1.b of Form I-539: B-1A, nonimmigrant who is the personal or domestic servant of a nonimmigrant employer B-1B, nonimmigrant domestic servant of a U.S. citizen B-1C, nonimmigrant who is employed by a foreign airline B-1D, nonimmigrant who is a missionary B-1, all other visa classification not designated above DS-2019, Certificate of Eligibility for Exchange Visitor Status Add “When to File” You must submit an application for extension of stay or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that: The delay was not due to extraordinary circumstances beyond your control The length of the delay was reasonable; You have not otherwise violated your status; You are still a bona fide nonimmigrants; and You are not in removal proceedings. Where to File With some exceptions, Form I-539 is generally filed with the California Service Center or the Vermont Service Center. California Service Center filings cover the following states: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. The mailing address is: USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053 Vermont Service Center filings cover the following states: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or the District of Columbia. The address for Vermont Service Center filings is: USCIS Vermont Service Center ATTN: I-539 75 Lower Welden Street St. Albans, VT 05479 Applicants for change of status to E-1, E-2, H-4, L-2, O-3, or P-4 as the dependent spouse or child or for an E-1, E-2, H-4, L-2, O-3, P-4, or TD extension, as the dependent spouse or child: Filing Form I-539 at the same time as the principal: If your Form I-539 for change of status or extension of stay is filed at the same time as the principal’s Form I-129, Petition for Nonimmigrant Worker, (which includes a request for change of status or extension of stay), send the entire Form I-129/I-539 package to the Vermont Service Center or the California Service Center, depending on the state where the principal is or will be employed temporarily. Filing Form I-539 separately from the principal and the principal’s case is pending: If the principal’s Form I-129 (which includes a request for change of status or extension of stay) is pending, file Form I-539 with the same service center where the principal’s Form I-129 is pending. Include a copy of the Form I-129 filing receipt (or transfer notice) to show the pending Form I-129 location. Filing Form I-539 separately from the principal and the principal’s case is approved: If the principal’s Form I-129 (which included a request for change of status or extension of stay) has already been approved, file Form I-539 with the service center which approved the principal’s I-129 petition. Include a copy of the Form I-129 approval notice to show the approved Form I-129 location. F-1 and M-1 students applying for F-1 and M-1 reinstatement: File Form I-539 with the California Service Center or the Vermont Service Center, depending on the state in which the educational institution you attend or plan to attend is located. All other applicants for change of status or extension of stay (not listed above or in the exceptions): File Form I-539 with the California Service Center or the Vermont Service Center, depending on the state where you live. Exceptions R-2 Religious Worker Dependents: File Form I-539 with the California Service Center, regardless of where the principal is/will be employed. H-1 C Nurses dependents: File Form I-539 with the Vermont Service Center, regardless of where the principal is/will be employed. TD dependents of TN principals (Free Trade – Canada and Mexico), H-4 dependents of H-1B1 principals (Free Trade – Singapore and Chile), and E-3 dependents of E-3 principals (Free Trade – Australia): File Form I-539 with the Vermont Service Center, regardless of where the principal is/will be employed. Dependents of Major League Sports Athletes or Support Personnel: File with the Vermont Service Center. This covers major league athletes, minor league sports and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel includes: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters. A, G, and NATO: For change of status requests to A,G, or NATO classification for employment with an embassy, international organization, or NATO, mail Form I-539 through your embassy, international organization, or NATO to: Department of State, Office of Protocol, 3507 International Place, N. W., Suite 242, Washington, D.C. 20008. For change of status requests to G classification for employment with a foreign government’s mission to the United Nations or with the United Nations Secretariat, mail Form I-539 through the foreign government’s mission or the UN Secretariat to: U.S. Mission to the United Nations, 799 United Nations Plaza, New York, NY 10017. For a dependent spouse or child requesting a change of status to a NATO classification based on the principal’s classification as a NATO nonimmigrant, mail Form I-539 to: NATO/HQ SACT Legal Affairs, 7857 Blandy Road, Suite 100, Norfolk, VA 23551. If you or the principal NATO nonimmigrant through whom you derive your status are posted at a national component or as an exchange officer, please submit form I-539 to your embassy for proper filing through official diplomatic channels. For a change of status from A, G, or NATO classifications to another nonimmigrant classification, file Form I-539 with the USCIS Service Center designated to handle the new nonimmigrant classification sought. You must submit with Form I-539 an endorsement by the Department of State Visa office, or a USUN official at Part 7 on the Form I-566 (interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to Extend/Change nonimmigrant Status). For extensions of stay for A-3, G-5, or NATO-7 nonimmigrants, submit your application through your embassy or international organization, or NATO command for proper filing through official diplomatic channels. V Nonimmigrants: Follow the filing instructions on Form I-539 Supplement A, Filing Instructions for V Nonimmigrants. Add a new section immediately after the “Where to File” section entitled “Updated Filing Address Information”. This new section should read as follows: Updated Filing Address Information The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are filing Form I-539 more than 30 days after the latest edition date shown in the lower right-hand corner, please visit us online at www.uscis.gov before you file, and check the Forms and Fees page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-539 matches the edition date listed for Form I-539 on the online Forms and Fees page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call Customer Service at 1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will be rejected, and the fee returned, with instructions to resubmit the entire filing using the current form instructions.
new section immediately after the new “Updated Filing Address Information”		Note on E-Filing If you are e-filing this application, it will automatically be routed to the Service Center, and you will receive a receipt indicating the location to which it was routed. This location may not necessarily be the same center shown in the filing addresses listed above. For e-filed applications, it is very important to review your filing receipt and make specific note of the receiving location. All further communication, including submission of supporting documents, should be directed to the receiving location indicated on your e-filing receipt.