H-1B Visa Extension is the process of re-validating your visa at the United States, given you are on the same visa status as stamped on your passport. H-1B Visa status is granted for up to three years initially and can be extended for another three years. You need to note that once six years has been completed, the foreign national need to stay for one full year in order to reapply for H-1B visa to the United States.

How to Apply?

The process is same as applying for a regular H-1B Visa petition. You need to get with your employer and the attorney so that they file your petition to the USCIS before your visa expires.

When to Apply?

USCIS typically accepts H-1B extension application 6 months prior to your visa expires. You would be on a safer hand if you would apply at least 3 months before your visa expires. Make sure you and your employer are ready with the paper work before 3 months, so that you could apply for extension soon expecting some delay with the USCIS processing applications with the current scenario.

Documents Required:

• Copy of most recent H-1B Approval (I-797)
• Few Recent Pay Stubs
• Copy of I-94
• Copy of all previous H-1B approval notices (If you have H-1B transfers previously)
• Copy of current valid visa on your passport
• Few Recent Pay Stubs
• Copy of Job Offer Letter
• Copy of previous experience letters
• Copy of all your educational documents (degrees, diplomas, transcripts, etc.)
• Other documents if necessary as stated by your employer or attorney filing the transfer

Is there any time during the year to apply for H-1B Extension?

• H-1B Transfer can be applied during any time of the year, but you need to make sure you apply well before your visa expires
• There is no cap for H-1B extensions every year. This is dealt case by case by USCIS.
• If you get out of status on H-1B, consider looking at options when out of status

What is 240 Day Rule?

When you apply for H-1B extension and still haven’t received any response from USCIS, you have 240 days after your visa expires to still continue working in the U.S. for the current employer. This is only valid when you have applied to USCIS for extension and are waiting on the decision.

I would suggest if you get into this situation, change your visa application processing with the USCIS to premium processing, so that you can get to know the decision soon.

H-1B Extension beyond 6 years:

• A candidate can also recapture the time spent outside United States, during the 6 years of H-1B status and use this time to continue working beyond the visa expiry date.
• A candidate can benefit to get a one year H-1B extension if he/she has filed I-140 petition (Pending PERM – permanent resident application) and is pending over 365 days.
• A candidate can benefit to get a three year H-1B extension if his/her I-140 petition has been approved, but waiting on the priority date.
• Detailed analysis of this case can be found at http://h1bwiki.com/h-1b-extension-after-6-years-what-are-the-options/

Do you have any questions on the H-1B visa extension process? Or do you want to share any of your experiences on the H-1B extension application process? Do write to us at [email protected]