H1B Renewal Process

Employment Visa

On January 17, 2017, the Federal Register implemented a final rule that heavily affected many working visas including the H-1B. In particular, it made an impact on visa holders who are attempting to apply for an H-1B extension while working toward lawful permanent resident status (green card).

When applying for an employment-based green card, your sponsoring employer must file an I-140 petition. For H1B Sponsorship Process Visit UT Evaluators.

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.

H1B Renewal Process:

There are several ways that you can receive an H-1B extension after 3 years:

1-Year H-1B Extension

The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date.

3-Year H-1B Extension

The foreign professional is able to apply for an H-1B visa extension status for up to 3 years if the applicant has an approved I-140 petition for the EB-1, EB-2 or EB-3 employment-based green card classifications and the immigrant visa number is unavailable.

This is usually granted so that beneficiaries do not have to return home while they wait for their priority dates to become current. Because some people must wait over a decade for an EB-3 immigrant visa number to become available, this H-1B extension can be very helpful. To know more info on H1B Visa visit Painpeters

“Recapture” Time

Many H-1B holders decide to travel internationally for extended periods of time. “Recapturing” that time spent abroad is one way to be granted an H-1B visa extension.

The foreign professional may request an H-1B extension if he/she traveled outside the United States during the validity of the visa. The applicant is obligated to submit U.S. entry and return dates, I-94 copies, and related stamps.

Here is an example: If Sue, an H-1B worker, visits her home country of Germany for a total of two months during her stay in the U.S., she may be eligible for an H-1B extension of two months past the normal 6-year limit provided that she can give evidence of her departure.

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