Ideally you should file extension of stay asap (can only do it with in 180days of expiry of current I797) using premium processing and then travel with the original I797 document. Working from India while on being in H1B status is a gray area and there are no well defined rules around it.
Can I apply for H1B extension after 6 years?
The H1B holder will not be eligible for this 1 year H1B extension after 6 years if he or she fails to file for Adjustment of Status or an immigrant visa within one year of the priority date becoming current. In order to obtain the one year H1B extension beyond 6 years,...
Can a H-1B visa be extended to a spouse?
H-1B Visa Extension Process for Spouses Spouses of H-1B holders are eligible to extend their H-4 upon the expiration of the 6-year limit. This extension is usually granted as long as the H4 holder has not committed any crimes or violated the regulations of their visa. The extension should be filed with
Is there a 6 year limit for H1B visa?
We will cover the details of old Rule that said the 6 years limit and new clarification by USCIS as per Jan 2017 memo with official references. 1. Background : H1B 6 years Limit
How do I renew my H1B visa?
H1B Renewal Process: Extension requests are fairly similar to the original H-1B petition package (i.e. required filing fees, new H forms, new LCA, new employer letter, photocopy of the H-1B approval notice from the original petition, as well as the other supporting documents).
Can you file H1B extension while outside of USA?
You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.
How long H1B visa can be extended?
The H-1B visa and status is initially valid for three years and can then be extended for another three years. At the expiration of the maximum period of stay, the foreign worker must either leave the U.S. or obtain a different immigration status (such as an F-1 student or O-1 "extraordinary ability" worker).
Is it easy to extend H1B visa?
An H-1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees.
Can I renew my H1B visa before it expires?
The USCIS allows you to apply for an extension of your H1B Visa six months before the expiration date. That said, the earlier you apply, the more time the USCIS has to make a decision whether to approve or deny.
How much does H-1B extension cost?
$460Therefore, an H-1B extension fee is only $460 for the I-129 filing. However, the H-1B transfer cost is anywhere from $1,710 to $6,460 depending on whether your employer is required to pay the higher ACWIA fee and the Public Law fee.
How many days can we stay in India on H1B visa?
This cannot exceed 30 days at a given point of time.
How long can I stay on H1B without job?
60 daysAs per Dept. of Homeland Security(DHS) regulation that came into effect in Jan 2017, H1B Visa holders can get a grace period of up to 60 days, if they lose their job due to layoff or any other unforeseen reasons, before the end of their H1B petition validity.
Can H1B be renewed after 6 years?
H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is ...
Can H1B extension be denied?
Common reasons for the visa extension denial could include failure to maintain the H1B visa qualifications, employer fraudulently taking advantage of the immigration system, or committing a crime in the U.S.
When should I file H1B extension?
In order to continue working without a gap or loss of lawful status, an H-1B extension must be filed by ISSS before the current H-1B expires. The extension process should begin at least 6 months prior to the current expiration date.
Is visa stamping required after H1B extension?
Answer, If you hold H-1B visa or L1 visa, you may need to get the re-stamping upon the extension of your expired H-1B visa or L1 visa. H1B visa stamping in the passport is needed for a foreign national to enter or reenter the United States as an H1B worker.
Can I stay in US while waiting for H1B extension?
If your H1B visa extension petition is pending with USCIS for more than 240 days, you cannot work as per regulation after 240 days from expiration of your I-94, but you can stay in the country, USA, waiting for decision until USCIS makes a decision on your petition and your stay after 240-day mark is considered as ...
Can H-1B extended beyond 6 years?
H1B status can be extended in three year increments, indefinitely, past the sixth year if the foreign national has an approved I-140 and the foreign national is unable to file for Adjustment of Status or apply for an immigrant visa because an immigrant visa number is unavailable, in other words, the priority date is ...
Can H1B visa be extended after expiry?
Just like every other U.S. visa, you must apply for an extension of your H-1B visa before the expiration of your current status. This must be done six months before the expiration date indicated on your visa. It is never a good idea to wait until your H-1B visa is about to expire to file for an extension.
How long can I stay in the US after my H-1B job ends?
for 60 daysYou can stay in the US for 60 days if you lose your H1-B job. USCIS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status.
How long can a H1B visa holder stay out of US?
There is no limit to the amount of time that you can remain outside the US with your H-1B visa.
What If I Get an H-1B Extension Denial?
First of all, you will want to determine whether your H-1B extension was denied or if it was rejected. Even though they seem like synonyms, in immigration law terminology, there is a crucial difference between these two terms.
When does an employer file an extension petition?
The sponsoring employer files the extension petition on time before the expiration of the current status.
How to file an I-129 extension?
Your employer will have to file a Form I-129 on your behalf and submit it with all of the necessary documents. A new Labor Condition Application (LCA) for an extension beyond the initial three-year period must also be submitted by your employer along with the I-129. Keep in mind that the old rule where an employer would be allowed to submit an H-1B extension request with a pending LCA does not apply anymore. Now, your employer must wait and receive the approved LCA from the Department of Labor before filing an I-129 on behalf of an employee.
When do I need to file an I-140?
Before the final rule, the regulations mandated that the I-140 needed to be submitted 365 days before the end of the 6-year maximum stay. Instead, the Federal Register has amended this to say that the petition must be filed at least 365 days before the beginning of your exemption.
Is the 7th year extension for green cards available?
Unfortunately, this 7th-year extension is limited to persons who are applying for their green cards through the employment-based category; it is not available to persons with pending family-based peti tions.
Do I need an I-140 for an H-4?
However, in order for your H-4 spouse or dependent to get an EAD, you (the H-1B holder) will need to file an I-140 and have it approved by the USCIS.
Does H4 have to file I-539?
However, just because the primary H-1B holder has received an extension, it does not automatically grant all attached H4 holders extensions as well. It is important to remember that H-4 recipients must file the I-539 concurrently with the original H-1B extension application along with proof of the relationship with the primary H1B holder.
H1B Extension is a recent development in the respective area
The Federal Register published a final regulation on January 17, 2017, that significantly impacts several work permits, including the H1B. It affected visa holders attempting to file for an H1B extension while working towards lawful permanent residence status in particular ( Green Card ).
H1B visa extension requirements after 6 years
Certain H1B visa holders could be able to extend their H1B visa further than the 6-year limit in 1-year increments if their Labor Certification Application has been pending for more than 365 days. It can continue until the ongoing permanent residence case receives a final determination.
H1B renewal procedure
Extension requests are comparable to the H1B petition package. However, in an extension request packet, only one duplicate of each documentation is necessary. The demand for an extension can be made up to six months before the H1B license is set to expire.
H1B visa extension options
After three years, you can apply for an H1B extension in one of several ways:
H1B extension documents checklist
To apply for an H1B visa extension or renewal, a foreign professional must provide the following extension documents:
Fees and Costs for H1B Extension
Your organization will be charged the same fees as they were for the original visa to receive your H1B visa renewal. These are some of them:
When should an H1B extension be filed?
You should file for a renewal/extension of your H1B visa before your present status expires, just like any other U.S. visa. It must be completed six months before the visa’s expiration date.
How long can you extend your H1B?
Of course, rules have exceptions and the 6-year limit on H1Bs is no different. There are several strategies available to seek an H1B extension after 6 years. Let’s examine these strategies here.
How to file an H1B extension?
The employer has 2 immediate options: 1 Continue the current course and file the H1B extension requesting a 1 year extension with a starting validity date of at least 365 days after the Labor Certification was filed. Once approved, Eduardo can come back to the U.S. and resume employment. 2 The employer can immediately prepare and file the I-140. If the employer files via Premium Processing, USCIS should make a decision within 15 calendar days. Once the I-140 is approved, the employer can file an H1B petition and request a 3-year extension of Eduardo’s H1B as his priority date will most likely still be retrogressed because he is a national of the Philippines. Once approve, Eduardo can come back to the U.S. and resume employment.
How long can Karla's employer recapture her H1B?
on April 1, 2011, which is approximately 181 days. Thus, the employer can recapture 281 days (181 + 100) and seek H1B extension beyond 6 years.
How long does it take for Tony to get an extension on his H1B?
Additionally, once Tony’s H1B is about to expire again in 3 years, his employer can seek H1B extension beyond 6 years by requesting the remaining 35 days of recapture time in addition to any additional time he spends outside the U.S.
How long do you have to stay in the US to get a new H1B?
Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.
When did Karla's H1B approval notice come out?
Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. It is currently April 2016 and Karla’s employer is preparing the H1B petition to extend H1B status based on recapture time. She first came to the U.S. in H1B status on April 1, 2011.
Is Tony in H1B?
Tony is in the U.S. in H1B status. He is approaching the end of his fourth year in H1B and his H1B is expiring shortly. The employer is preparing the H1B petition and seek an extension of stay for 2 years- until the end of his sixth year. However, Tony has spent an aggregate of 400 days outside the U.S. since he came to the U.S. in H1B status.
What is H1B recapture?
H1B recapture means filing an H1B extension to push your 6 year end date forward by utilizing your holidays spent outside US.
How long does it take to get approved for an I140?
My suggestion is to upgrade your i140 application to premium if you are on the verge of reaching your max out. Get approval in 15 days and immediately file an extension.
How long does it take to get an I140 revoked?
USCIS only revokes i140 if they find fraud or misrepresentation by your employer after 180 days. You cannot use the i140 if it has been revoked. Employers may request the i140 withdrawal even after 180 days. Do not worry if the USCIS case status shows as ‘withdrawn’ online.
How long does it take for an I140 to be withdrawn?
Your i140 stays valid if it has not been withdrawn by the employer within 180 days after its approval. You can use the withdrawn i140 as many times as you want to extend or transfer your H1B.
Can I file H1B while I140 is pending?
You can file H1B transfer while your i140 is pending approval. I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday.
Can I use an approved I-140?
You can use the approved I-140 to maintain your priority date with new Employer B by filing a new PERM and I140.
Can I140 PD date be ported?
I140 PD date can be ported to retain your spot in GC queue.
How to recapture H1B Unused Time, Proofs ?
To avail the benefit, it is up to the beneficiary or the H1B holder trying to recapture the time to provide all relevant documentation support the same. Official reference at : 8 CFR 214.2 (h) (13) (iii) (C)
How long can you recapture H1B?
The rule to recapture unused H1B time of 6 years was updated in 2017 to provide more clarity and it says that “there is no time limitation on recapturing the remainder of the initial 6-year period of H-1B admission under INA 214 (g) (4).” What it means is that if anyone has applied for H1B in previous years and counted towards H1B cap, they can re-apply for H1B as cap exempt petition, with USCIS, anytime to recapture their unused initial H1B time that is less than 6 years. There is no time restriction that they should apply within 6 years from the initial H1B approval time anymore to recapture or use the remainder of H1B unused time. Below image articulates the same in a timeline using an example.
How long can you cap exempt H1B?
In the past, there was a USCIS regulation to recapture unused time that said that you were considered as cap exempt, only if you have filed for H1B in the past 6 years. This changed in 2017 when the new rules and clarification by USCIS came into effect with. We will cover the details of old Rule that said the 6 years limit ...
Is there a demand for H1B visas in the US?
The demand for H1B visas in US continue to be at its peak with H1B lottery in the last few years. USCIS introduced New H1B Registration Rule from FY 2021 season to reduce costs and streamline operations. In this context of high demand for H1Bs, being counted towards H1B cap in the past has become more and more important, if you want to work in US.
