H1b Extension Denied How Long Can I Stay

The increasingly-popular H-1B visa provides many advantages to those who concur it. Considering the long process involved with finding an employer, being selected in the lottery, and then being canonical, the H-1B visa is very valuable. For that reason, it is understandable that many people would want to look into an H-1B visa extension or renewal as they find new employment, piece of work toward their green cards, or merely wish to go along working and living in the United States.

Nether normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the finish of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition.

It is of import to note that for certain H-1B1 applicants from Chile and Singapore, the visa is only valid for a one-year menstruation of admission, which tin can be renewed each year.

Requirements for H-1B Visa Extension Beyond 6 years:

Certain H-1B holders who take had a Labor Certification Application (or an employment-based preference immigration petition if the foreign national has been able to bypass the labor certification stage) awaiting for more than 365 days may be able to extend their H-1B visa beyond the half-dozen-yr limit, in i-year increments. This tin continue until the time a final conclusion is reached on the pending employment-based permanent residence example.

Unfortunately, this seventh-year extension is limited to persons who are applying for their green cards through the employment-based category; information technology is not bachelor to persons with pending family-based petitions.

Another provision of the electric current statute permits an H-1B extension beyond the sixth year if the H-1B visa holder has filed an employment-based preference petition but is unable to proceed with adjustment of status to permanent resident condition because of a backlog in priority dates.

If you have an employment-based immigrant petition (I-140) filed with the USCIS and have received approval but are waiting for your priority engagement to be current, your H-4 spouse and/or dependents are eligible to use for employment authorization and get an EAD (Employment Authority Document). This will allow them to work for whatsoever U.S. employer without brake (aside from jobs that require security clearance).

As long as you lot have an canonical I-140, your H-iv holders volition be able to extend their work authorization. However, if you were to modify jobs or your employer were to withdraw your I-140, the EADs would still be valid until their expiration engagement, but they would be unable to exist renewed unless you had another I-140 canonical by that time.

Continue in mind that the electric current assistants is seeking to eliminate this H-four EAD dominion , which would forcefulness H-4 holders to seek alternative means of employment.

Final Rule

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

When applying for an employment-based dark-green card, your sponsoring employer must file an I-140 petition. Before the final rule, the regulations mandated that the I-140 needed to be submitted 365 days earlier the stop of the 6-year maximum stay. Instead, the Federal Annals has amended this to say that the petition must exist filed at to the lowest degree 365 days earlier the first of your exemption.

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 alphabetic character, photocopy of the H-1B blessing notice from the original petition, as well as the other supporting documents). However, only ane copy of each document is required in an extension petition package. The extension request can be submitted upwards to 6 months before the appointment upon which the H-1B status is due to expire (despite the fact that the I-129 instructions betoken a iv-month time frame for this).

Your employer will accept 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-yr flow must also be submitted by your employer along with the I-129. Keep in heed that the old rule where an employer would be allowed to submit an H-1B extension request with a pending LCA does non 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.

Past police, the timely filing of an extension request automatically "locks in" the foreign national's legal status and ability to work for the sponsoring employer for a period of 240 days beyond the date upon which the H-1B condition expires.

H-1B Visa Extension Options

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

• i-Yr H-1B extension

The foreign professional may utilize for an H-1B extension past vi 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.

• iii-Yr H-1B extension

The strange professional is able to employ for an H-1B visa extension condition for up to three years if the applicant has an approved I-140 petition for the EB-1, EB-2 or EB-3 employment-based green carte du jour classifications and the immigrant visa number is unavailable.

This is usually granted so that beneficiaries do not take to return abode while they wait for their priority dates to become electric current. Because some people must wait over a decade for an EB-iii immigrant visa number to get available, this H-1B extension tin be very helpful.

• "Recapture" Time

Many H-1B holders determine to travel internationally for extended periods of time. " Recapturing" that time spent abroad is one way to exist granted an H-1B visa extension. The foreign professional may request an H-1B extension if he/she traveled exterior the United States during the validity of the visa. The applicant is obligated to submit U.Southward. entry and return dates, I-94 copies, and related stamps.

Hither is an example: If Sue, an H-1B worker, visits her home land of Frg for a total of 2 months during her stay in the U.S., she may exist eligible for an H-1B extension of two months past the normal six-year limit provided that she can give evidence of her departure.

Premium Processing

Fortunately, you are able to use the optional H-1B premium processing service to expedite your new petition'due south processing time to fifteen calendar days. Once you have been counted confronting the cap, you lot are no longer bound by the lottery dates (i.e. April i and October 1). This means that using premium processing for an H-1B extension may be much more beneficial to your case than information technology would be if you were filing in the cap, where the mandatory half dozen-calendar month waiting period to start work usually renders premium processing obsolete.

To take advantage of this service, you volition need to file an I-907 and $one,440 fee along with your I-129 petition. If the USCIS fails to process your petition in the promised time, y'all will receive a refund of your premium processing fee, and your petition will be processed unremarkably.

Keep in listen that the USCIS reserves the right to suspend premium processing for whatever financial yr. In fact, they accept done and so for the 2022 and 2022 fiscal yr in order to let those without premium processing to have their petitions processed. Check with the USCIS news in guild to see if this selection is available in the year that you are filing.

H-1B Extension Documents Checklist

In society to apply for an H-1B visa extension or renewal, a foreign professional person must provide the following extension documents:

For Employees:

• Copy of passport with the original H1B visa (if any)
• The I-797 approval notice issued by the USCIS
• I-94 Arrival/Departure form with a deviation date that has non however expired.
• Your resume or curriculum vitae (CV)
• Bear witness of employment demonstrated by one of the following:
  • 3 previous paychecks
  • a get out of absence letter of the alphabet or;
  • a letter from the employer.
• University bachelor's or avant-garde degree
• University transcript
• Academic evaluation
• Letters of recommendation from prior employers

For Employers:

• Copy of the job offer letter of the alphabet showing the salary offered, job championship, and duties equally signed by both the employer and the H-1B employee
• Job description
• Visitor brochure or any marketing materials
• Re-create of the visitor's about recent Financial Statement, Business organisation Programme, or Annual Written report, if available
• Copy of the Articles of Incorporation, if available

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-yr limit. This extension is usually granted equally long as the H4 holder has not committed whatever crimes or violated the regulations of their visa. The extension should exist filed with

However, simply because the primary H-1B holder has received an extension, it does not automatically grant all attached H4 holders extensions too. It is of import to remember that H-four recipients must file the I-539 concurrently with the original H-1B extension application forth with proof of the relationship with the primary H1B holder.

H-1B Extension Fees and Cost

In order to go your H-1B visa extension, your employer will be subject to the aforementioned fees that were involved with the original visa. These include:

• The filing fee for another I-129 petition: $460
• The amended Public Law 114-113 fee (if applicable): $4,000
• The ACWIA fee: $750 or $1,500 depending on whether your employer has more or less than 25 employees.
• The Fraud Prevention and Detection Fee: $500
• Any optional fees such as
  • Premium processing: $ane,440 (notation that this has inverse since last year)
  • Attorney fees: You can meet the legal fees charged past VisaNation Law Group hither.

It is important to remember that your employer is responsible for almost all required fees . However, the premium processing fee can exist paid either by you lot or your employer. In this instance, your employer must evidence that you chose to pay the premium processing fee for your own do good and not for the employer's benefit. Speak with an immigration attorney to get a better understanding of the fees involved with getting an H-1B visa extension.

When to File an H-1B Extension

Simply similar every other U.S. visa, you lot 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 thought to wait until your H-1B visa is nearly to expire to file for an extension. If you end up having to file subsequently your visa has expired, y'all will run the risk of experiencing serious difficulties that could jeopardize your extension approval. If your visa has expired and you are considered "out of status", you will demand to submit evidence of all of the following:

• That you have maintained legitimate nonimmigrant status
• That the delay was necessary or outside of your control
• That the amount of time the delay took was within reason
• That you accept not violated your condition under the H-1B visa
• That yous are non in the process of being removed from the U.S.

As yous can encounter, proving this will be very difficult and will cost you both fourth dimension and resources that are better spent elsewhere. It is therefore advisable to avoid this route past filing your renewal at the advisable time.

However, if yous find yourself caught out of status before filing for an extension, connect immediately with an immigration attorney to see what steps you demand to take side by side in social club to increment the chances of H-1B extension approval.

H-4 Visa Extension

If you are planning on bringing a spouse or dependent with y'all to the U.Southward. while you are under an H-1B visa, you tin can have them apply for an H-4 visa. This secondary visa would exist tied to your own visa status, pregnant that if y'all become an H-1B extension, so volition your H-4 visa spouse or dependent. On the other paw, if your status is revoked or otherwise terminated, so is theirs.

Additionally, if the H-4 visa holder would like to work in the U.Southward., they volition need to obtain Employment Authorization Documents (EAD). In the same way, the EAD will be valid for as long as the H-1B visa is valid and whatever extensions will as well exist applied to the EAD. Yet, in order for your H-4 spouse or dependent to get an EAD, you (the H-1B holder) will demand to file an I-140 and have it approved by the USCIS.

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 constabulary terminology, there is a crucial difference between these two terms.

The USCIS processes H-1B extension petitions (and all visa petitions) in two stages. During the showtime stage, an evaluating officeholder volition brand an initial inspection of your case to ensure that your petition is completely filled out and authentic, that your fees are right and filed to the correct places, and that you have the documents and supporting evidence required for an H-1B extension. If your petition parcel is missing whatever of these elements, information technology will likely be rejected. If this happens, you lot will not receive a refund, but the best course of activity is frequently to ready the error or omission and refile your petition with new fees.

For the 2nd phase, an evaluating officer will accept a close look at your petition and supporting documents to determine whether or not yous and your employer are qualified for an H-1B extension. If not, and so the officer is probable to deny your petition. Fixing this is not as simple as refiling, as your case will however non be considered qualified to merit the extension.

Extension Denial Reasons

If you are concerned that your H-1B visa extension will be denied, here are some common reasons why the USCIS evaluating officer might make such a determination for your case.

• Specialty Position – If you accept changed jobs with your sponsoring employer since obtaining your H-1B, there is a possibility that the USCIS may non deem it a specialty position. To avoid this, stay within the same position or line of work that you used to get your H-1B or consult with an clearing attorney to encounter if a new position will outcome in an extension denial down the road.
• Employer-Employee Relationship – The USCIS requires that the employer must be in complete control of the H-1B holder's employment. The employer must have the power to rent and burn down the employee also as control their salary, work location, and 24-hour interval-to-24-hour interval activities. This rule mostly affects those that are hired through staffing agencies and those that endeavour to exist sponsored past their ain companies.
• Visa Condition – Maintaining your visa status is crucial to avoiding extension denials. Committing crimes in the U.S. is grounds for deportation and certainly grounds for an H-1B extension denial. Also, working without potency or dodging taxes can easily be reasons for the evaluating officer to deny your extension.

What To Do After A Denial

If your extension petition is denied or rejected, you will probable have a few choices available to yous.

1. You tin identify the issue that led to the deprival of your petition and refile.
2. You can file a legal motion with the aid of your attorney
3. You tin can petition for a different visa or green carte
4. You tin leave the country

Your denial or rejection discover will probably state that appealing the decision is not an option. Fortunately, the USCIS will likely give yous the reason for your denial, though they volition likewise note that no appeal can exist fabricated to a third party concerning the conclusion.

Legal Motions

Filing a legal movement is a fragile process that should not exist done without the aid of a qualified attorney. There are two types of legal motions that can be filed in the event of an H-1B extension denial.

The first is a motion to reopen your case. This is put into result usually when some new evidence comes up that, if viewed with your example, might change the negative decision. Therefore, yous are requesting the evaluating officer to reopen the case and re-examine it with this new information.

The second motion is a motion to reconsider. This is something you would utilise if your chaser believes that the evaluating officer was wrong in his or her determination to deny your H-1B extension. However, your chaser must exist able to present an argument that the extension should be approved from a strictly legal perspective.

Other Options

If your H-1B extension is denied, and so yous may want to consider applying for a different visa or green bill of fare that matches your qualification. For nonimmigrant visas, you have:

• TN visas for professional person workers from Canada and United mexican states
• J-1 visas for exchange visitors such equally professors and medical students
• O-one visas for those with boggling power
• Fifty-1 visas for the specialized employees, managers, and executives of multinational companies.

If you are interested in making your stay more than permanent, you lot can consider applying for a light-green card such as the:

• EB-1 green carte for those with extraordinary achievements, outstanding researchers and professors, as well equally the managers and executives of multinational companies.
• EB-2 for those with exceptional ability, those that accept an advanced degree, and those that qualify for a National Interest Waiver.
• EB-3 for professional workers (those with bachelor's degrees), skilled workers (those with more than than two years of relevant work feel), and other workers (those with fewer than 2 years of experience).

The H-1B Extension 240-Mean solar day Dominion

If you lot have reached the typical six-yr limit on your H-1B visa and accept applied for an extension past this limit through an canonical I-140, you are nevertheless subject to your visa validation flow.

According to the 240-Twenty-four hours Rule, an H-1B holder with extension pending will be immune to proceed working under the following conditions:

• The H-1B employee still has a valid status while filing an extension petition.
• The sponsoring employer files the extension petition on time before the expiration of the electric current status.
• The USCIS receives the petition on time before expiration of the employee'southward current condition.
• The H-1B continues to piece of work for the sponsoring employer who has filed the extension.

Nevertheless, while the best communication is to apply for your extension well earlier your validation menstruation ends, you lot cannot predict or command how long it volition have for your H-1B extension to be processed. Fortunately, the USCIS has a provision for situations where your H-1B validation period expires while the petition is beingness processed.

The 240-day rule states that you are permitted to remain in the U.S. working for your electric current employer throughout this period. If your petition is approved during this fourth dimension, so your 240-day piece of work authorization volition end, and your H-1B extension will brainstorm. However, if your petition is denied, this provision will immediately end, and you will need to cease working and make plans for alternatives or to get out the country.

What Happens If My Extension Petition Is Yet Pending Later on 240 Days?

If you have received neither the approval nor denial find 240 days subsequently submitting your extension petition, your right to continue working will end. Yet, you lot will still have the legal correct to continue living in the The states, waiting for the USCIS to make a decision on your example.

Your stay during this menstruum will be considered as authorized stay. If your extension request is and then approved, then you lot will have the right to go on working and living in the U.Due south. However, if you receive a denial notice, your stay from that moment will become unlawful presence, as your period of authorized stay ends the very twenty-four hour period the USCIS notifies you of the denial. Yous will demand to depart the United States immediately to avoid violating immigration law and accruing unlawful presence.

Does 240-Day Rule Impact H-1B Transfer, Extension, or Amendment Petitions?

No, the 240-day rule only applies to or affects H-1B extension. If you file your transfer petition before the expiration of your I-94 and it is nonetheless awaiting after 240 days rules, y'all will not be denied the right to continue working. Dissimilar with an H-1B extension, filing for an H-1B transfer allows yous to go along working while waiting for the USCIS to make a decision on your petition.

H-1B Extension With Amendments

When it comes to an H-1B extension with amendments and the 240-Day Rule, there is a grayness expanse that tin exist interpreted in different means. You however have the legal right to continue living in the Usa later on 240 days of waiting for a decision. Besides, you lot may still be able to continue working with amendments added to your extension petition, even later on the 240 mean solar day period. However, y'all and your employer will demand to consult an immigration attorney to ensure that yous are moving forward correctly.

How to Summate H-1B 240 Days

The 240-twenty-four hour period period begins starting on the appointment stamped on your Class I-94, Departure Tape, which is the solar day your authorized H-1B period of stay expires. For example, if your Form I-94 expires on February ane, 2020, you volition need to add 240 days starting from February 2.

Can I Travel Under the 240-Day Rule?

Leaving the U.S. during this H-1B extension provision may issue in yous not being able to render to the country until y'all receive your new H-1B visa. Therefore, information technology is not advisable to travel during this time. If you need to travel, then yous may desire to consider using premium processing to expedite the adjudication of your extension petition.

How We Tin Help You

Obtaining an H-1B visa is no small feat, especially when you consider the odds of being selected in the lottery. That's why you lot want to care for your difficult-earned visa with care. Making any changes such as transfers or extensions is all-time washed with the help of a qualified clearing chaser to assist yous avoid unnecessary losses in time, try, and coin.

VisaNation Police Grouping's H-1B attorneys are highly skilled in assisting clients with required documentation for H-1B visa renewals and extensions. They piece of work with you every step of the mode to make sure that everything is done right the first time, and they volition fight for yous through any obstacle that may arise.

VisaNation Law Grouping immigration lawyers specialize in employment-based clearing matters and tin can help y'all determine if you lot meet the qualifications necessary for the specific H-1B extension. To contact u.s.a., but fill up out our contact course to schedule your consultation.

• H-1B Visa
• H-1B Cap-Exempt
• H-1B Visa Requirements
• H-1B Visa Documents
• H-1B Annual Cap
• H-1B Visa Stamping
• H-1B Visa Transfer
• H-1B Consummate Guide
• H-1B For Nurses
• H-1B For Doctors
• H-1B Processing Time
• H-1B Master'due south Cap
• H-4 Visa
• H-1B Processing Fees
• H-1B to Green Card
• H-1B Benefits
• H-1B Grace Period

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Source: https://www.immi-usa.com/h1b-visa/h1b-visa-extension/

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