These documents include a letter describing your position within the company, copies of your university diploma s and transcript s , copies of your passport and I Departure Record , paychecks and W-2s to show you've been working and getting paid, and the Form I that USCIS originally issued to approve you for H-1B status. If you have a spouse and children who also need extensions, then you'll need to file a Form I for them—they can all be included on a single Form I Note that each additional family member beyond the first must submit a separate Form IA.
To qualify for most nonimmigrant temporary visas, applicants must prove that they do not secretly intend to live permanently in the United States. However, many H-1B applicants apply for a green card while in the U.
That is considered acceptable for H-1B visa holders, because of a doctrine known as " dual intent. Only two circumstances will make you eligible for more than six years on an H or L visa. The first is if you have an approved preference petition for a U. In such a situation, you'd want to include a copy of your I approval notice with the extension petition. The second situation allowing you to request an extension beyond six years is if a labor certification or I petition was filed on your behalf more than one year ago and USCIS has not denied it.
This most often translates into needing your employer to submit the labor certification application while you are in your fifth year of H-1B status. It often takes several months to prepare and submit a labor certification application, so don't wait until the last minute. If your ultimate goal is to obtain U.
That way, you're working on getting your second three years of H-1B status and also starting the green card process to ensure that you'll be able to get more H-1B time beyond the six-year limit in case the green card process takes longer.
If you have difficulty applying for an extension of your H-1B visa or you have questions about the application process, consult with an experienced U.
In this situation, you are eligible to extend your H-1B status until your priority date becomes current. For example, let's say your sixth year of H-1B status will end on September 1, As long as a U. Importantly, there is no limit to how many times an H-1B worker can use these AC21 provisions to extend a visa. Due to the major backlog in priority dates for some categories, you could potentially be in H-1B status for ten, 15, or 20 years while waiting for your priority date to become current.
However, please note that AC21 does not allow a worker to extend an H-1B if the worker is a beneficiary of a family-based immigrant petition. AC21 allows H-1B workers to extend their visas only if they are the beneficiaries of employment-based petitions. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Learn the details of the specific period of time a foreign worker with an H-1B can stay in the United States. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Immigration Law. Immigration Law Basics. The cap-subject employer need not worry about the H1B cap for a renewal because the employee has been already been counted against the cap and the cap does not come into play on an H1B renewal.
The so-called Day Rule allows a foreign employee who has a pending H1B renewal to continue work for the current employer for up to days 8 months or until such a renewal application is denied. Continued employment is still governed by all of the restrictions contained in the original H1B visa. This Day Rule is not an independent basis for H1B renewal, but instead must be based on a good faith H1B extension application.
In addition, if the H1B worker leaves the U. The worker should stay in the U.
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