H1b Extension After 6 Years

It has been human nature to explore new places for better job opportunity so as to have better perks and prospects. There has been a great deal of migration of people from under developed countries to developed countries in search of job. H-1B Visa of the United States of America provides such an opportunity. It allows employers in United States to hire people from around to the world for doing jobs in United States’ soil. However, for this employers have to sponsor their employees.

H-1B Visa and H-1B Extension

H-1B visa are special visas, which are given to people coming to USA for the purpose of speciality occupation. In case the employee-employer relationship ceases to exist then the H-1B status of the visa stands nullified (H1b Extension). Under that circumstance, the employee has two options, either have another employer to sponsor him or simply return to his / her own nation. Generally, H-1B visa is awarded for duration of 3 years (H1b 3 Years Extension), which can be extended up to another 3 years i.e. a total of 6 years. Again, there are provisions under which this visa can be extended beyond 6 years. This will be clear from our subsequent discussions about h1b extension after 6 years

H-1B Extension After 6 years

Although the H-1B visa stands valid for 6 years but there are circumstances, under which extension to any individual beyond 6 years of stay can be granted. Following are conditions when an individual can be granted extension.

  • If the Labour Certification has been filed and is pending for around 365 days then the individual can be granted an extension of another 1 year.
  • If the I-140 Immigrant Petition of an individual has been approved then he / she can stay up to another 3 years.

Labour Certification

It is a certification wherein the employer has to legally justify the unavailability of any US citizen or LPR to fill in for the outgoing alien employee, so that employee has to stay. The date when this Labour Certification Application is filed becomes the Priority Date for the applicant. In case this application stands pending for 365 days or more the applicant may have another 1 year of extension.

Immigrant Petition

It is a kind of petition wherein an employer applies for an alien to get a Visa number. In this case, the application form is called I-140, IMMIGRANT PETITION FOR ALIEN WORKER. The processing work is done by USCIS. There are various EB (Employee Based) Categories. The processing time may take up to 6 months. There are provisions in many of the EB categories for expedited processing, called “Premium Processing”.

Charges to be paid

For every service availed a charge has to be paid. Visa is no different case. For the extension of the H-1B visa, a sum of $320 has to be paid, if the extension is to be made at the end of 6 years. Nevertheless, if the extension be requested on the lines of Premium Processing then a hefty sum of $1000 has to be paid for USCIS processing. All applications are to be made directly to the American Embassy or American Consulate.