If Company Apply for Greencard Do I Have to Get H1b Stamping Again

The increasingly-pop H-1B visa provides many advantages to those who hold it. Considering the long process involved with finding an employer, being selected in the lottery, and and so being canonical, the H-1B visa is very valuable. For that reason, it is understandable that many people would want to wait into an H-1B visa extension or renewal every bit they detect new employment, work toward their green cards, or just wish to go along working and living in the U.s..

Under normal circumstances, a strange national is initially granted a period of stay of iii years in H-1B condition. When yous almost the end of that flow, y'all will be able to apply for an H-1B visa extension up to a total of six years. An employer, notwithstanding, can only request a full of iii years on any given H petition.

It is important to annotation that for certain H-1B1 applicants from Chile and Singapore, the visa is only valid for a one-year period of admission, which can be renewed each twelvemonth.

Requirements for H-1B Visa Extension Beyond half-dozen years:

Certain H-1B holders who have had a Labor Certification Application (or an employment-based preference immigration petition if the foreign national has been able to bypass the labor certification stage) pending for more 365 days may be able to extend their H-1B visa beyond the vi-year limit, in ane-twelvemonth increments. This tin continue until the time a concluding determination is reached on the awaiting employment-based permanent residence case.

Unfortunately, this 7th-year extension is limited to persons who are applying for their dark-green cards through the employment-based category; information technology is not bachelor to persons with pending family-based petitions.

Another provision of the current statute permits an H-1B extension beyond the 6th year if the H-1B visa holder has filed an employment-based preference petition merely is unable to proceed with adjustment of condition to permanent resident condition because of a excess in priority dates.

If you have an employment-based immigrant petition (I-140) filed with the USCIS and have received approval but are waiting for your priority date to be current, your H-4 spouse and/or dependents are eligible to apply for employment authorization and get an EAD (Employment Authorization Document). This will allow them to piece of work for any U.South. employer without restriction (aside from jobs that require security clearance).

As long as you have an canonical I-140, your H-4 holders volition exist able to extend their work dominance. Nonetheless, if you were to change jobs or your employer were to withdraw your I-140, the EADs would nevertheless be valid until their expiration appointment, merely they would be unable to be renewed unless you had another I-140 approved by that time.

Keep in heed that the electric current administration is seeking to eliminate this H-4 EAD rule , which would force H-four holders to seek alternative means of employment.

Last Rule

On Jan 17, 2017, the Federal Register implemented a final dominion that heavily afflicted many working visas, including the H-1B. In particular, it made an impact on visa holders who are attempting to apply for an H-1B extension while working toward lawful permanent resident condition (dark-green card).

When applying for an employment-based green carte du jour, your sponsoring employer must file an I-140 petition. Earlier the concluding rule, the regulations mandated that the I-140 needed to be submitted 365 days before the end of the vi-twelvemonth maximum stay. Instead, the Federal Annals has amended this to say that the petition must be filed at to the lowest degree 365 days earlier the beginning of your exemption.

H1B Renewal Process:

Extension requests are adequately similar to the original H-1B petition parcel (i.e. required filing fees, new H forms, new LCA, new employer letter of the alphabet, photocopy of the H-1B approval notice from the original petition, as well equally the other supporting documents). However, only 1 copy of each document is required in an extension petition package. The extension request can exist submitted upwards to 6 months before the date upon which the H-1B condition is due to expire (despite the fact that the I-129 instructions signal a 4-month time frame for this).

Your employer will take to file a Form I-129 on your behalf and submit information technology with all of the necessary documents. A new Labor Status Application (LCA) for an extension across the initial 3-year catamenia must as well be submitted by your employer along with the I-129. Continue in listen that the sometime dominion where an employer would be allowed to submit an H-1B extension request with a awaiting LCA does not utilize anymore.  At present, your employer must expect and receive the approved LCA from the Department of Labor before filing an I-129 on behalf of an employee.

Past law, the timely filing of an extension request automatically "locks in" the strange national's legal status and ability to piece of work for the sponsoring employer for a catamenia of 240 days across the appointment upon which the H-1B condition expires.

H-1B Visa Extension Options

At that place are several ways that you can receive an H-1B extension after 3 years:

• 1-Yr H-1B extension

The foreign professional person may apply for an H-1B extension past six years in ane-yr intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-twelvemonth expiration date.

• 3-Year H-1B extension

The foreign professional person is able to utilize for an H-1B visa extension status for upwardly to iii years if the bidder has an approved I-140 petition for the EB-1, EB-ii or EB-three employment-based light-green carte classifications and the immigrant visa number is unavailable.

This is usually granted then that beneficiaries do not have to return home while they look for their priority dates to become current. Considering some people must look over a decade for an EB-three immigrant visa number to become available, this H-1B extension can be very helpful.

• "Recapture" Time

Many H-1B holders decide to travel internationally for extended periods of time. " Recapturing" that time spent away is ane manner to exist granted an H-1B visa extension. The strange professional person may request an H-1B extension if he/she traveled outside the United States during the validity of the visa. The applicant is obligated to submit U.Southward. entry and render dates, I-94 copies, and related stamps.

Here is an example: If Sue, an H-1B worker, visits her home land of Germany for a total of two months during her stay in the U.Due south., she may exist eligible for an H-1B extension of two months past the normal vi-year limit provided that she can give prove of her departure.

Premium Processing

Fortunately, y'all are able to use the optional H-1B premium processing service to expedite your new petition's processing fourth dimension to 15 calendar days. Once you have been counted against the cap, you are no longer bound by the lottery dates (i.due east. April 1 and October 1). 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 lot were filing in the cap, where the mandatory half-dozen-calendar month waiting period to offset work normally renders premium processing obsolete.

To take advantage of this service, you lot will demand to file an I-907 and $1,440 fee along with your I-129 petition. If the USCIS fails to procedure your petition in the promised time, you will receive a refund of your premium processing fee, and your petition volition exist candy unremarkably.

Continue in mind that the USCIS reserves the right to suspend premium processing for any financial year. In fact, they have done so for the 2022 and 2022 financial year in society to allow those without premium processing to have their petitions processed. Bank check with the USCIS news in order to see if this pick is available in the twelvemonth that you are filing.

H-1B Extension Documents Checklist

In guild to apply for an H-1B visa extension or renewal, a strange professional must provide the post-obit extension documents:

For Employees:

• Copy of passport with the original H1B visa (if any)
• The I-797 approval observe issued by the USCIS
• I-94 Arrival/Departure form with a departure date that has not nevertheless expired.
• Your resume or curriculum vitae (CV)
• Show of employment demonstrated past one of the following:
  • 3 previous paychecks
  • a leave of absenteeism letter or;
  • a letter of the alphabet from the employer.
• University bachelor's or advanced caste
• University transcript
• Academic evaluation
• Letters of recommendation from prior employers

For Employers:

• Re-create of the job offering letter showing the salary offered, job title, and duties as signed by both the employer and the H-1B employee
• Task description
• Company brochure or any marketing materials
• Copy of the company's near recent Financial Statement, Business concern Plan, or Annual Report, if available
• Copy of the Manufactures of Incorporation, if bachelor

H-1B Visa Extension Procedure for Spouses

Spouses of H-1B holders are eligible to extend their H-4 upon the expiration of the 6-year limit. This extension is usually granted every bit long as the H4 holder has not committed any crimes or violated the regulations of their visa. The extension should be filed with

Notwithstanding, only because the chief H-1B holder has received an extension, it does not automatically grant all attached H4 holders extensions as well. It is of import to remember that H-4 recipients must file the I-539 concurrently with the original H-1B extension application forth with proof of the human relationship with the primary H1B holder.

H-1B Extension Fees and Cost

In society to get your H-1B visa extension, your employer will be subject to the same fees that were involved with the original visa. These include:

• The filing fee for another I-129 petition: $460
• The amended Public Law 114-113 fee (if applicable): $iv,000
• The ACWIA fee: $750 or $1,500 depending on whether your employer has more than or less than 25 employees.
• The Fraud Prevention and Detection Fee: $500
• Whatever optional fees such as
  • Premium processing: $1,440 (note that this has changed since last yr)
  • Attorney fees: You can see the legal fees charged by VisaNation Law Group hither.

It is of import to think that your employer is responsible for almost all required fees . However, the premium processing fee tin can be paid either past yous or your employer. In this case, your employer must show that you chose to pay the premium processing fee for your own do good and not for the employer'southward benefit. Speak with an clearing chaser to become a better agreement of the fees involved with getting an H-1B visa extension.

When to File an H-1B Extension

Just like every other U.S. visa, you must apply for an extension of your H-1B visa earlier the expiration of your current condition. This must be done six months earlier the expiration date indicated on your visa.

It is never a good idea to wait until your H-1B visa is near to elapse to file for an extension. If you finish up having to file after your visa has expired, you will run the risk of experiencing serious difficulties that could jeopardize your extension approval. If your visa has expired and you are considered "out of status", y'all volition need to submit testify of all of the following:

• That yous have maintained legitimate nonimmigrant status
• That the filibuster was necessary or outside of your control
• That the amount of time the delay took was inside reason
• That y'all have non violated your status nether the H-1B visa
• That you are not in the process of being removed from the U.S.

As you can come across, proving this will be very difficult and volition cost you both time and resources that are better spent elsewhere. It is therefore advisable to avert this route by filing your renewal at the advisable time.

However, if y'all find yourself caught out of status earlier filing for an extension, connect immediately with an immigration attorney to see what steps y'all need to accept next in club to increment the chances of H-1B extension approval.

H-4 Visa Extension

If y'all are planning on bringing a spouse or dependent with you to the U.S. while you are nether an H-1B visa, you can have them use for an H-4 visa. This secondary visa would exist tied to your own visa status, meaning that if you get an H-1B extension, then will your H-iv visa spouse or dependent. On the other mitt, if your status is revoked or otherwise terminated, so is theirs.

Additionally, if the H-4 visa holder would like to piece of work in the U.S., they will need to obtain Employment Authority Documents (EAD). In the same manner, the EAD will be valid for as long as the H-1B visa is valid and whatever extensions will also be applied to the EAD. Notwithstanding, in society for your H-4 spouse or dependent to get an EAD, you (the H-1B holder) will demand to file an I-140 and take information technology approved by the USCIS.

What If I Become an H-1B Extension Denial?

Beginning of all, you lot will want to determine whether your H-1B extension was denied or if information technology was rejected . Even though they seem like synonyms, in clearing police force terminology, there is a crucial difference between these 2 terms.

The USCIS processes H-1B extension petitions (and all visa petitions) in two stages. During the first stage, an evaluating officeholder will make an initial inspection of your case to ensure that your petition is completely filled out and accurate, that your fees are correct and filed to the right places, and that yous have the documents and supporting evidence required for an H-1B extension. If your petition packet is missing any of these elements, it will likely exist rejected. If this happens, y'all will not receive a refund, merely the best class of action is frequently to prepare the error or omission and refile your petition with new fees.

For the second stage, an evaluating officeholder will take a close look at your petition and supporting documents to determine whether or not you lot and your employer are qualified for an H-1B extension. If not, and then the officeholder is likely to deny your petition. Fixing this is not as simple as refiling, as your instance volition nonetheless not be considered qualified to merit the extension.

Extension Denial Reasons

If you lot are concerned that your H-1B visa extension will be denied, here are some common reasons why the USCIS evaluating officer might brand such a conclusion for your case.

• Specialty Position – If you accept changed jobs with your sponsoring employer since obtaining your H-1B, there is a possibility that the USCIS may not deem information technology a specialty position. To avoid this, stay inside the same position or line of work that y'all used to get your H-1B or consult with an immigration attorney to meet if a new position will event in an extension denial down the route.
• Employer-Employee Relationship – The USCIS requires that the employer must be in complete control of the H-1B holder's employment. The employer must take the ability to rent and fire the employee as well every bit control their salary, work location, and day-to-day activities. This rule mostly affects those that are hired through staffing agencies and those that effort to exist sponsored past their own companies.
• Visa Condition – Maintaining your visa status is crucial to avoiding extension denials. Committing crimes in the U.Due south. is grounds for deportation and certainly grounds for an H-1B extension denial. Also, working without authority or dodging taxes tin hands be reasons for the evaluating officeholder to deny your extension.

What To Exercise After A Denial

If your extension petition is denied or rejected, you will likely have a few choices available to you.

1. You can identify the issue that led to the denial of your petition and refile.
2. You lot can file a legal motion with the help of your attorney
3. Y'all tin petition for a different visa or green carte
4. You can go out the country

Your denial or rejection notice will probably state that appealing the decision is not an option. Fortunately, the USCIS volition likely requite you the reason for your deprival, though they will also note that no entreatment tin can be made to a third party concerning the conclusion.

Legal Motions

Filing a legal motion is a delicate process that should not be done without the help of a qualified attorney. There are two types of legal motions that can exist filed in the effect of an H-1B extension deprival.

The kickoff is a motion to reopen your case. This is put into effect usually when some new prove comes up that, if viewed with your instance, might change the negative decision. Therefore, you are requesting the evaluating officeholder to reopen the case and re-examine information technology with this new information.

The second motion is a motion to reconsider. This is something yous would use if your chaser believes that the evaluating officer was incorrect in his or her decision to deny your H-1B extension. Notwithstanding, your attorney must be able to present an argument that the extension should be approved from a strictly legal perspective.

Other Options

If your H-1B extension is denied, and so you lot may want to consider applying for a different visa or green card that matches your qualification. For nonimmigrant visas, you lot have:

• TN visas for professional workers from Canada and Mexico
• J-1 visas for exchange visitors such as professors and medical students
• O-1 visas for those with extraordinary ability
• L-1 visas for the specialized employees, managers, and executives of multinational companies.

If you are interested in making your stay more permanent, you can consider applying for a light-green carte such as the:

• EB-1 green card for those with extraordinary achievements, outstanding researchers and professors, as well as the managers and executives of multinational companies.
• EB-two for those with exceptional ability, those that have an avant-garde caste, and those that authorize for a National Interest Waiver.
• EB-iii for professional person workers (those with bachelor's degrees), skilled workers (those with more than two years of relevant work experience), and other workers (those with fewer than two years of experience).

The H-1B Extension 240-Day Rule

If you lot accept reached the typical half dozen-year limit on your H-1B visa and accept applied for an extension past this limit through an approved I-140, you are still subject field to your visa validation menses.

According to the 240-Day Rule, an H-1B holder with extension pending will be allowed to continue working under the following conditions:

• The H-1B employee however has a valid status while filing an extension petition.
• The sponsoring employer files the extension petition on time before the expiration of the current status.
• The USCIS receives the petition on time before expiration of the employee's current status.
• The H-1B continues to work for the sponsoring employer who has filed the extension.

Even so, while the best advice is to apply for your extension well before your validation menses ends, you cannot predict or control how long it will take for your H-1B extension to be processed. Fortunately, the USCIS has a provision for situations where your H-1B validation period expires while the petition is existence processed.

The 240-day rule states that yous are permitted to remain in the U.S. working for your current employer throughout this period. If your petition is canonical during this time, so your 240-mean solar day work authority volition end, and your H-1B extension will brainstorm. However, if your petition is denied, this provision will immediately end, and you will need to finish working and brand plans for alternatives or to get out the country.

What Happens If My Extension Petition Is Still Pending Subsequently 240 Days?

If y'all have received neither the blessing nor denial notice 240 days afterward submitting your extension petition, your right to continue working volition cease. Notwithstanding, you will still accept the legal right to continue living in the United states of america, waiting for the USCIS to make a determination on your example.

Your stay during this period volition be considered as authorized stay. If your extension asking is then approved, then you volition have the correct to continue working and living in the U.S. Even so, if yous receive a denial notice, your stay from that moment will go unlawful presence, every bit your period of authorized stay ends the very day the USCIS notifies you of the denial. You will need to depart the U.s. immediately to avoid violating immigration police and accruing unlawful presence.

Does 240-Day Rule Touch H-1B Transfer, Extension, or Amendment Petitions?

No, the 240-day rule only applies to or affects H-1B extension. If you file your transfer petition before the expiration of your I-94 and it is even so pending after 240 days rules, you will not exist denied the right to continue working. Unlike with an H-1B extension, filing for an H-1B transfer allows you to continue working while waiting for the USCIS to make a conclusion on your petition.

H-1B Extension With Amendments

When information technology comes to an H-1B extension with amendments and the 240-Day Rule, there is a grayness surface area that can be interpreted in different means. You even so have the legal right to continue living in the United States after 240 days of waiting for a decision. Likewise, you may still be able to proceed working with amendments added to your extension petition, even afterward the 240 mean solar day flow. However, you and your employer will need to consult an immigration chaser to ensure that you lot are moving forrard correctly.

How to Calculate H-1B 240 Days

The 240-solar day menses begins starting on the engagement stamped on your Class I-94, Departure Record, which is the 24-hour interval your authorized H-1B menses of stay expires. For case, if your Course I-94 expires on February 1, 2020, yous will need to add 240 days starting from Feb 2.

Tin I Travel Under the 240-Twenty-four hours Rule?

Leaving the U.S. during this H-1B extension provision may issue in you not existence able to return to the country until y'all receive your new H-1B visa. Therefore, it is not advisable to travel during this time. If y'all need to travel, then you may want to consider using premium processing to expedite the arbitrament of your extension petition.

How We Can Assistance You

Obtaining an H-1B visa is no small feat, especially when you consider the odds of being selected in the lottery. That's why you want to treat your hard-earned visa with care. Making any changes such every bit transfers or extensions is best done with the help of a qualified immigration attorney to assistance you avoid unnecessary losses in time, endeavor, and coin.

VisaNation Law Group's H-1B attorneys are highly skilled in assisting clients with required documentation for H-1B visa renewals and extensions. They work with you every stride of the mode to brand sure that everything is done correct the beginning time, and they will fight for you through any obstacle that may ascend.

VisaNation Law Group clearing lawyers specialize in employment-based immigration matters and tin help yous determine if you lot meet the qualifications necessary for the specific H-1B extension. To contact us, simply fill out our contact form to schedule your consultation.

• H-1B Visa
• H-1B Cap-Exempt
• H-1B Visa Requirements
• H-1B Visa Documents
• H-1B Annual Cap
• H-1B Visa Stamping
• H-1B Visa Transfer
• H-1B Complete Guide
• H-1B For Nurses
• H-1B For Doctors
• H-1B Processing Time
• H-1B Primary's Cap
• H-4 Visa
• H-1B Processing Fees
• H-1B to Green Card
• H-1B Benefits
• H-1B Grace Period

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Source: https://www.immi-usa.com/h1b-visa/h1b-visa-extension/