**8 CFR 214.1 (c) Extension of stay \--**

\(1\) Filing on Form I-129. An employer seeking the services of an E-1,
E-2, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, or
TC nonimmigrant beyond the period previously granted, must petition for
an extension of stay on Form I-129. The petition must be filed with the
fee required in § 103.7 of this chapter, and the initial evidence
specified in § 214.2, and on the petition form. Dependents holding
derivative status may be included in the petition if it is for only one
worker and the form version specifically provides for their inclusion.
In all other cases dependents of the worker should file on Form I-539.
(Amended 6/11/01; 66 FR 31107) (Amended 3/17/00; 65 FR 14774)

\(2\) Filing on Form I-539. Any other nonimmigrant alien, except an
alien in F or J status who has been granted duration of status, who
seeks to extend his or her stay beyond the currently authorized period
of admission, must apply for an extension of stay on Form I-539 with the
fee required in § 103.7 of this chapter together with any initial
evidence specified in the applicable provisions of § 214.2, and on the
application form. More than one person may be included in an application
where the co-applicants are all members of a single family group and
either all hold the same nonimmigrant status or one holds a nonimmigrant
status and the other co-applicants are his or her spouse and/or children
who hold derivative nonimmigrant status based on his or her status.
Extensions granted to members of a family group must be for the same
period of time. The shortest period granted to any member of the family
shall be granted to all members of the family. In order to be eligible
for an extension of stay, nonimmigrant aliens in K-3/K-4 status must do
so in accordance with § 214.2(k)(10). (Amended 8/14/01; 66 FR 42587)

\(3\) Ineligible for extension of stay. A nonimmigrant in any of the
following classes is ineligible for an extension of stay:

\(i\) B-1 or B-2 where admission was pursuant to the Visa Waiver Pilot
Program;

\(ii\) C-1, C-2, C-3;

\(iii\) D-1, D-2;

\(iv\) K-1, K-2;

\(v\) Any nonimmigrant admitted for duration of status, other than as
provided in Sec. 214.2(f)(7); (Amended 3/17/00; 65 FR 14774)

\(vi\) Any nonimmigrant who is classified pursuant to section
101(a)(15)(S) of the Act beyond a total of 3 years. or (Amended 3/17/00;
65 FR 14774) (Added 8/25/95; 60 FR 44260)

\(vii\) Any nonimmigrant who is classified according to section
101(a)(15)(Q)(ii) of the Act beyond a total of 3 years. (Added 3/17/00;
65 FR 14774)

\(4\) Timely filing and maintenance of status. An extension of stay may
not be approved for an applicant who failed to maintain the previously
accorded status or where such status expired before the application or
petition was filed, except that failure to file before the period of
previously authorized status expired may be excused in the discretion of
the Service and without separate application, with any extension granted
from the date the previously authorized stay expired, where it is
demonstrated at the time of filing that:

\(i\) The delay was due to extraordinary circumstances beyond the
control of the applicant or petitioner, and the Service finds the delay
commensurate with the circumstances;

\(ii\) The alien has not otherwise violated his or her nonimmigrant
status;

\(iii\) The alien remains a bona fide nonimmigrant; and

\(iv\) The alien is not the subject of deportation proceedings under
section 242 of the Act (prior to April 1, 1997) or removal proceedings
under section 240 of the Act. (Revised effective 4/1/97; 62 FR 10312)

\(5\) Decision in Form I-129 or I-539 extension proceedings. Where an
applicant or petitioner demonstrates eligibility for a requested
extension, it may be granted at the discretion of the Service. There is
no appeal from the denial of an application for extension of stay filed
on Form I-129 or I-539.