Immigration

Srinivasa Reddy Kandi: H-1B Extension FAQS

February, 14, 2025-05:24

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H-1B Extension FAQS:

An H-1B Extension refers to a petition filed to prolong the H-1B status of an individual's current foreign employees. This process allows the foreign worker to maintain their employment while the extension is being processed, eliminating the need to leave the country to apply for a new H-1B status.

Is it necessary to apply if my H-1B status is nearing expiration?

To remain and work in the U.S., it is essential to submit an H-1B Extension application to prolong your stay.

When should I initiate my H-1B Extension application?

You should file for your H-1B Extension prior to the expiration date of your current status.

What happens if I file my H-1B Extension after my current status has expired?

If you submit your H-1B Extension application after your expiration date, it is likely to be denied. You will then need to leave the U.S. and apply for a new H-1B visa. Remaining in the U.S. post-expiration will result in being considered out of status.

When is the earliest I can submit my H-1B Extension application?

You are not permitted to file your H-1B Extension more than six months before your current status expires.

What is the maximum duration for which my H-1B Extension can be granted?

You may request an extension of up to three years. Keep in mind that the total maximum duration on an H visa is six years.

How many times am I allowed to apply for an H-1B Extension?

You can apply for multiple extensions as necessary. However, the total duration of stay on H-1B status cannot exceed six years. After this period, you must return to your home country for one year before you can apply for another H-1B. If you have a pending application for permanent residency for over a year, you may apply for H-1B status for an additional three years without leaving the U.S.

What is the status of my H-4 dependents when I apply for my H-1B Extension?

All dependents can remain in the U.S. under H-4 status as long as your H-1B status is active.
I have received approval for my H-1B Extension, but I no longer wish to remain in the United States. You are free to return to your home country at any time.

When can I expect to receive my approval notice?

The adjudication process for an H-1B Extension generally takes about 3 to 4 months. If you selected premium processing, a decision will be made within 15 days of submission.

What documents are necessary for an H-1B Extension?

To establish your eligibility, you will need to provide the following documents:

- Copies of your passport's biographic pages, visa stamp page, I-94, and travel stamps

- A letter from your current employer

- Pay stubs to verify ongoing employment and maintenance of status

- Educational degrees, certificates, evaluations, resume, experience letters, etc.

- Certified Labor Condition Application

- A copy of the previously approved H-1B petition

- Additional documents demonstrating admissibility or maintenance of nonimmigrant status

What are the fees associated with filing an H-1B Extension?

The filing fees can vary based on specific circumstances. If the H-1B employer is a nonprofit research organization or a higher education institution, the fee is $320. For a profit employer submitting a second or subsequent H-1B Extension with more than 25 employees, the fee is $1,820. If the employer has not previously filed an H-1B extension and has fewer than 25 employees, the fee is $320. For a second or subsequent extension with fewer than 25 employees, the fee is $1,070.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.