Q&A

How long H1B extension takes?

How long H1B extension takes?

between 4 to 7 months
The H1B extension processing time will take anywhere between 4 to 7 months by normal processing and 15 days by premium processing. Still, the processing time may vary from the Service Center where you file your petition.

What is H1B extension of stay?

An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. A foreign employee is generally allowed a maximum of six years in H1B status.

How to file an extension for a H1B visa?

As per USCIS employee handbook, Employers or H1B Sponsoring Companies can file extensions for their employees on H1B Visa Status using I-129 form before their status expires.

How many years can you extend your H-1B status?

Notwithstanding “one time protection” being part of the title of the statute, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until his or her adjustment of status application has been approved or denied. 9

Can a spouse apply for an H-4 visa extension?

By law, 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 status expires. Spouses of H-1B holders are eligible to extend their H-4 upon the expiration of the 6-year limit.

Is the 240 day rule applicable to H1B extensions?

No, the 240 day rule does not apply to H1B Transfers. It is only applicable to H1B extensions filed with same employer. If your H1B transfer petition was filed on time (before expiration of I-94) and is pending beyond 240 days, you can continue to work even after 240 days, as the 240 days H1B rule is not applicable in this context.

How long can you apply for an H-1B visa extension?

When you near the end 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.

No, the 240 day rule does not apply to H1B Transfers. It is only applicable to H1B extensions filed with same employer. If your H1B transfer petition was filed on time (before expiration of I-94) and is pending beyond 240 days, you can continue to work even after 240 days, as the 240 days H1B rule is not applicable in this context.

When to use Premium Processing for a H-1B extension?

This means that using premium processing for an H-1B extension may be much more beneficial to your case than it would be if you were filing in the cap, where the mandatory six-month waiting period to start work usually renders premium processing obsolete.

What is the process for renewing an H-1B visa?

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 letter, photocopy of the H-1B approval notice from the original petition, as well as the other supporting documents).