H1B Extension

These days the craze to work in United States is increasing day by day among the people mainly among the teenagers. This can be generally seen in underdeveloped and developing countries. The main reason behind this is the lack of good jobs in their home country and much higher salary in abroad. So a variety of options have opened to issue temporary visa in United States. These are mainly B1 VISA, L1 visa, H3 visa, O1 visa, P3 visa, O2 visa, H2B visa and HIB visa. But H1B visa is specialized as occupation visa and is issued only for a span of 3 years. So H1B extension process is required for all those who want to work in US for more than three years.

This H1B visa is issued by US Embassy which allows one to work temporarily in US and is issued only for employers. As already stated that H1B visa is valid for a period of three years only, but H1B extension is granted by US for another span of three years. Thus the person having H1B is allowed to stay and work in US for six years (with H1b 3 Years Extension) under normal circumstances. But under special circumstances H1B extension can be granted beyond six years. According to the act passed by US government in the year 2000, the person holding H1B can request for H1B extension for extra one year after six years of work in US. But this request for H1B extension has to be done every year after the expiry date.

The H1B extension beyond six years is possible if:

  1. If the person applying for this, is a beneficiary of the employment base immigrant (EB) under the petition of I-140
  2. If the application for labor certificate of employment green card remained pending by more than one year.

Thus applicant (H1b extension after 6 years) satisfying all the above criteria's can apply for the H1B extension for extra one year.

The H1B extension for three more years after the first expiry is possible if:

  1. The applicant must have green card based employment petition on his for, in EB3, EB2 and EB1 categories.
  2. The person is not eligible for file adjustment status application, if one belongs from country having no current priority date and mainly happens for applications coming from the citizens of China and India.

Thus if all these conditions are satisfied, then only one can easily apply for H1B extension for three more years.

Important Documents Required for H1B extension:

  1. The applicant and his family members must have their passport updated and valid.
  2. Original I-94 form issue by USCIS for the applicant is also required.
  3. USCIS I-797 form receipt which has all the information regarding current employment status and also indicated renewal date.
  4. The support letter of the employee containing the information regarding applicants working status, post and also contains information regarding nature of profession and business. It also gives information about the no of dependent members of the family and the main reason to extent the visa.
  5. An application typed form of nonimmigrant visa OF I-56 with one passport size photo of the applicant of any age.
  6. The visa free to be paid is non refundable and should be given in the form of money order, bank draft, bank check payable to Department of the State of United States.
  7. To return the document to the applicant, self addressing paid postage envelope should be given.

If all the above documents regarding H1B extension are returned due to some error, then one can sent it to the authorities for correction at free of cost. For this one need to send his passport, letter to inform what information is to be corrected with supporting documents and a recent photo of the applicant.