How long are H-1B visas valid for?
six years
Under U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.
Do you qualify for an H-1B extension beyond the six year maximum?
In other words, in order to be able to extend the H1B status beyond the six-year limitation and thus lawfully remain in the United States beyond six years without leaving the country, the H1B worker must be on the way to an immigrant benefit or adjustment of his or her nonimmigrant status to a permanent resident status …
How long can a H-1B visa holder stay in the US?
H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years.
How does a family member get a H-1B visa?
A new H-1B visa is petitioned for by ‘Company B’, and all procedures are followed so that the principal alien is never out of status. The validity dates on the H-4 accompanying family member’s visa has two years remaining, but still shows ‘Company A’ as the H-1B petitioner and not ‘Company B’.
When do I need to renew my H-1B visa?
If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence.
When to apply for an H1B visa extension?
The H1B extension processing time is around three months, so you should plan ahead. USCIS allows you and your employer to apply for extension six months before your H1B visa expires. If the H1B visa has expired, you are allowed to work for another 240 days or until your H1B extension is approved or declined.
H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years.
If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence.
Where do I apply for a H-1B visa?
You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be ‘activated”. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested.
When does your H-1B status expire at CBP?
H-1B STATUS Your H-1B status is valid until the end validity date of your most recently issued I-94. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The H-1B status is employment-based, so your status immediately ends on the date of employment is terminated.