The H1B visa can be renewed initially for up to 3 years, and then renewed further for another 3 years. After a total of 6 years, the visa holder must either leave the United States or remain eligible for a different visa category.
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The H1B visa is a non-immigrant visa that allows foreign workers to temporarily work in the United States in specialty occupations. Renewing an H1B visa is a common concern among visa holders who wish to extend their stay in the US. Here are further details on the duration of H1B visa renewals and some interesting facts about this visa category:
The H1B visa can be initially granted for a period of up to 3 years. However, it is important to note that the duration is determined by the sponsoring employer, and they have the discretion to shorten the initial term as well.
Once the initial period is complete, the H1B visa can be renewed further for another 3 years. This process involves the employer submitting a new Labor Condition Application (LCA) to the Department of Labor and filing a visa extension petition with United States Citizenship and Immigration Services (USCIS). The visa holder should continue to meet all the eligibility requirements during this renewal process.
After a total of 6 years on the H1B visa, the visa holder must either leave the United States or change to a different visa category. This rule is known as the maximum duration of stay rule. However, it is important to note that there are exceptions to this rule:
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One-year extensions beyond the 6-year limit: If the H1B visa holder has an approved employment-based immigrant petition (Form I-140) or if they are in the process of applying for permanent residence through employment, they may be eligible for one-year extensions beyond the initial 6 years.
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H1B visa extensions based on pending green card applications: If the visa holder has a pending employment-based green card application (Form I-485) for over 365 days, they may be eligible to extend their H1B visa in 1-year increments until a final decision on the green card is made.
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H1B extensions beyond 6 years due to certain country limitations: Citizens of certain countries, such as India and China, may be subject to country-specific limitations on the maximum duration of their H1B visa. They may be eligible for extensions beyond the 6-year limit if certain conditions are met.
Here is a table summarizing the duration and renewal options of the H1B visa:
| H1B Visa Duration | Maximum Renewal Period | Exceptions |
|---|---|---|
| Up to 3 years initially | Up to 3 years | – Approved employment-based immigrant petition (Form I-140) or pending employment-based green card application (Form I-485) can provide 1-year extensions beyond the 6-year limit. – Country-specific limitations may allow extensions beyond 6 years for citizens of certain countries. |
As famous physicist Albert Einstein once said, “The only source of knowledge is experience.” This holds true for individuals who have firsthand experience with the H1B visa renewal process, understanding its intricacies, and seeking appropriate legal counsel when necessary.
Interesting Facts about H1B Visas:
- The H1B visa program was created as part of the Immigration Act of 1990 to attract highly skilled workers to the United States.
- The H1B visa is a dual-intent visa, allowing visa holders to pursue permanent residency while working temporarily in the US.
- The H1B visa program is subject to an annual cap, with a limited number of visas available each year.
- The H1B visa is not tied to a specific job, allowing visa holders to change employers under certain conditions.
- H1B visa holders can bring their spouse and unmarried children under 21 years old to the US on an H4 dependent visa.
Disclaimer: The information provided above is for general informational purposes only and should not be considered as legal advice. Visa regulations and policies are subject to change, and it is recommended to consult with an immigration attorney or a trusted official resource for the most accurate and up-to-date information.
Video response
This video discusses H1B extensions and who needs to file them. Normally, H1B status lasts for three years, but when that period is about to end, employers must file for an extension. This extension grants an additional three years, making a total of six years in H1B status. However, individuals from India or China, who often face visa backlogs, may have to wait over ten years for a green card. In such cases, if the employer has filed for the employee’s green card and certain conditions are met, the H1B status can be extended in one-year or three-year increments beyond the six-year limit. This allows individuals to remain in H1B status until they qualify for permanent residency.
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The extension process should begin at least 6 months prior to the current expiration date. A request for an extension can be for a maximum of 3 years or less as long as the beneficiary has not exceeded the 6 year maximum in H-1B status.
The H-1B visa, typically valid for up to 6 years, can be extended or renewed by filing USCIS Form I-129 at the appropriate USCIS service center. It resembles the process of obtaining a new H-1B visa, except you are not required to re-enter the H-1B lottery for an extension or renewal.
Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. It is important to note that only full days spent outside the U.S. will be counted for recapture. Partial days spent in the U.S. count against the six years.