H-1B Extension

H-1B Extension Lawyer in Chicago

The H1B visa is a nonimmigrant visa that allows U.S. employers to employ foreign workers in specialty occupations. If you are a foreign worker with an H1B visa and your current status is expiring within the 6 months expiration date, you must file a H-1B extension petition with the United States Citizenship and Immigration Services (USCIS). Once approved, you will receive notice of action (Form I-797) which will allow you to stay in the United States for an additional period of time.

What is the H1B Extension Application Process?

In order to obtain a H1B extension, you must show that your stay in the United States is necessary for you to perform the job duties for which your H1B visa was issued. Additionally, you may be required to provide evidence of your current employment status and/or financial stability such as monthly pay stubs. Furthermore, if your employer has requested any specific training courses or other requirements as part of extending your stay, they must also be provided with proof of compliance by submitting copies of certificates or other documentation when filing the petition.

How long does the H1B Extension Application take?

The process can take several weeks or even months depending on how promptly all required documents are submitted and how quickly USCIS processes them. Once approved, you will receive a new I-797 notice with an updated expiration date stating when your H1B visa will expire. It is important to remember that you must maintain valid status while in the United States and abide by all rules of your visa.

What are the H1B Extension Requirements?

• A valid H1B visa unless special circumstances arise.
• Proof that H1B employer has been fulfilling H1B obligations such as payment the prevailing wages.
• Initial H1B job duties and circumstances have not changed significantly.
• H1B employer is willing to pay the up-to-date H-1B prevailing wages, even if it means paying more than what the H1B employee has been compensating during his/her initial H-1B employment period.

Can H1B be extended beyond 6 years?

The main limitation of H-1B extension is that it may be extended for only up to 6 years unless some exceptions apply. Generally, once the 6 years period is reached, the H-1B worker cannot seek readmission in the H-1B category, extension of H-1B stay, or change of status to a new H-1B visa until he/she is resided outside of the United States for a full year. Any brief trips to the U.S. during this year is counted toward fulfilling the one-year requirement.

H1B Extension beyond 6 years

There are several exemptions from the 1 year residence abroad requirement for foreign nationals who have been on the H-1B visa for 6 years or more.  These exempted circumstances allow the H-1B workers to extend their H-1B admissions beyond 6 years if:

• they have been working in the U.S. on an intermittent or seasonal basis or for less than 6 months per year, or
• they live abroad and commute to the U.S. to engage in part-time employment, or
• H-1B worker has an approved I-140 (I-140 beneficiary) for his/her EB-1, EB-2, or EB-3 employment based petition who cannot adjust because of the unavailability of an immigrant visa for his/her country of origin i.e. priority backlog for Indian/Chinese EB petitions.

Experienced H1B Extension Lawyer in Chicago

You may be interested in the following pages:

• H-1B Specialty Occupation requirements and employee qualifications
• H-1B Cap
• H-1B Transfer or Change of Employer
• The Advantages and Disadvantages of H1B Visa
• H-1B Visa Alternatives