What are my options to extend my non-immigrant visa?

You may be eligible to apply for an extension of stay in the U.S. if your passport is valid for your entire requested period of stay in the U.S. and the following criteria are met:

a. You were lawfully admitted into the U.S. as a non-immigrant;
b. You have not committed any act that would make you ineligible
to receive an immigration benefit;
c. There is no other factor that, in the sole discretion of a USCIS
officer, would warrant requiring you to depart the U.S. prior to
making a re-entry pursuant to the same classification; and
d. You submit an application for an extension of stay prior to the
expiration date on your I-94.

Though it is important to note that not all non-immigrant visas can be extended here in the U.S. You will not be able to extend your stay if you were admitted in any of the following non-immigrant categories as shown on your I-94 and you must leave the U.S. on or before the date your I-94 expires:

C (Alien in Transit)
D (Crewman)
K-1 or K-2 (Fiancé (e) or Dependent of Fiancé (e))
S (Witness or Informant beyond a total of three years)
Q-2 (Irish Peace Process Cultural and Training Program Visitor beyond a total of three years or beyond a total of two years if initially admitted on or after December 10, 2004)
TWOV (Transit Without Visa)
WT or WB (Visa Waiver Program, you would have been issued a green Form I-94W)

Also similarly you will not be able to change to change your non-immigrant status here in the U.S. if you were admitted in any of the following non-immigrant categories listed above and additionally if you were admitted as a:

J-1 (Exchange Visitor, who is generally subject to the two-year foreign residence requirement)
M-1 (Vocational student changing to F-1 or H – if the M training helped him or her qualify for the H classification)
Q-2 (Irish Peace Process Cultural and Training Program Participant, who is subject to two-year foreign residency requirement.)

By Gina Silvestri, Esq.