H1B Visa Extension

If an employer wishes to retain an overseas working then they must file a Form I-129 and pay the appropriate filing fees. Although, the H1B visa is subject to an annual cap when first applying, this does not apply for any extensions as the visa has already been included in the initial limits.

There is also a 240 Day Rule that enables the holder of a H1B to continue to work while their renewal/extension petition is being processed – this means a foreign employee can work for 240 days/8 months as long as they have submitted a legitimate extension petition.

However, it is important to note that if the H1B holder leaves the US during this 240 day period then they will have to remain overseas until their extension is approved so H1B holders are advised to stay in the US otherwise they could face potential problems.

How much is a H1B visa extension?

When a H1B visa is extended then there are additional H1B extension fees that need to be paid. H-1B extension fees include the filing fee for another I-129 petition and the optional premium processing fee. However, the Public Law and Anti-fraud fees to not need to be paid again. The ACWIA fee has to be paid for the first extension through the same employer but not on subsequent extensions.

Apply for an H1B extension past six years

In most circumstances, it is not possible to extend the H1B visa for more than six years. However, the American Competitiveness in the 21st Century Act of 2000 (AC21) and the 21st Century Department of Justice Appropriations Act of 2001 (DOJ Act) do allow your same employer to submit a number of one-year H1B extensions after the six year maximum has been reached.

According to US Immigration Laws, the H1B visa status can be extended past the six year limit if the following conditions apply:

• The employee’s labor application for a Employment-based green card purpose has been pending for more than one year
• The employer’s petition for I-140 is approved under employment based green card and AOS/485 is pending

The H1B extension process requires a number of supporting documents to be submitted. If unclear about the paperwork needed then you should seek advice from a law firm that is aware of immigration law before submitting your application.

As part of the extension process you may need to submit:

• copies of your passport
• your current job profile
• evidence of ongoing job requirements with your current employer
• your credentials (resume/work experience/education certificates)
• labor condition application approval
• pending labor certification or immigrant petition or approved petition and unavailability of immigrant visa number
• other documents proving admissibility or maintenance of nonimmigrant status.

Moving from H1B visa to Green Card

Unlike other non-immigrant visas the H1B Visa is classed as a “dual intent” visa – this means H1B visa holders can apply for a Green Card to obtain permanent residency whilst they are in the US on a H1B visa.

There are many categories of Green Cards, including family-based Green Cards that allow you to join family members such as spouses already living in the US. Many H1B visa holders may be eligible for an employment-based Green Card providing that their employer is willing to sponsor them.

There are five categories of employment-based Green Cards, you could be eligible for one if you:

• Have extraordinary ability, are an outstanding professor or researcher or a multinational manager or executive (EB-1)
• Hold an advanced degree or equivalent and have exceptional ability in a relevant field (EB-2)
• Are a skilled worker, professional who holds a Bachelors degree or unskilled worker (EB-3)
• Are a special immigrant (EB-4)
• Are a foreign investor with the ability to invest at least $500,000 in US businesses (EB-5)

To switch from a H-1B visa to a Green Card your U.S sponsor (your family member or employer) will need to file an appropriate petition on your behalf. Once this petition is approved you can apply for an Adjustment of Status by filing Form I-485.