H1B Visa Renewal – Extension

H1B visa status can be granted initially for up to three years, and then can be extended for another three years.

The normal maximum amount of time a foreign national can remain in the U.S. in H1B visa status is six years.

Once the six year cap is reached, the foreign national must be physically outside the U.S. for one full uninterrupted year in order to “reset” the 6 year clock.

240 Day Rule:

This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision.

8 C.F.R. § 274a.12(b)(20)

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter.

These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay.

Such authorization shall be subject to any conditions and limitations noted on the initial authorization.

This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision.

However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

Note: If the H1B worker needs to travel during this time, they may not be able to return until they receive the new H-1B Visa. Premium processing is a viable option in this scenario.

Also Note: The 240 day rule is not a basis to renew the H-1B. It is rule that applies only after a bona fide H-1B renewal petition has been filed.

In limited circumstances, H1B visa status can be extended beyond 6 years if:

  • The foreign national is the beneficiary of an approved I-140 petition.
  • The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago.
  • The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.

1 year extension Based on Pending PERM or I-140 petition under AC-21 104(a) – Per DHS final rule, taking effect on January 17, 2017.

AC21 §106 H-1B EXTENSIONS (1 YEAR INCREMENTS)

8 CFR 214.2(h)(13)(iii)(D)(1): Lengthy adjudication delay exemption from 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 1-year increments, for certain H-1B nonimmigrants who are seeking employment-based LPR status if 365 days or more have passed since the filing of a labor certification application or employment-based IV petition.

8 CFR §214.2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. Decision to deny or revoke an LC or IV petition is not final until administrative appeals have been exhausted.

8 CFR §214.2(h)(13)(iii)(D)(4): Substitution of Beneficiaries. An alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007.

8 CFR §214.2(h)(13)(iii)(D)(5): Advance Filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May file before 365 days have elapsed as long as the LC or IV petition is filed at least 365 days prior to the date the period of authorization will take effect. May request time remaining in 6 years, including recapture time, at the same time as requesting a 1-year AC21 extension.

3 year extension Based on Approved I-140 petition under AC-21 106(c) – Per DHS final rule, taking effect on January 17, 2017.

AC21 §104 H-1B EXTENSIONS (3-YEAR INCREMENTS)

8 CFR §214.2(h)(13)(iii)(E)(1): Per country limitation exemption from section 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed.

8 CFR §214.2(h)(13)(E)(2): Extensions may be granted until a final decision is made to revoke an approved IV, approve or deny an IV application, or approve or deny an adjustment of status application.

8 CFR §214.2(h)(13)(E)(3): Current H-1B status not required. Beneficiary need not currently be in H-1B status to qualify for an AC21 3-year H-1B extension.

8 CFR §214.2(h)(13)(E)(4): Subsequent petitioners may seek exemptions. H-1B petitioner need not be the IV petitioning employer.

8 CFR §214.2(h)(13)(E)(5): Advance filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May request time remaining in 6 years at the same time as requesting a 3-year AC21 extension.

8 CFR §214.2(h)(13)(E)(6): Exemption eligibility. Applies only to the principal beneficiary; spouses in H-1B status cannot piggyback.Recapturing Time Spent Outside the US

Cap Exempt New H-1B

If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B.

Your new employer would apply for the cap exempt H-1B with USCIS and you would be able to start work after it is approved.

FAQ

Q: My H1B amendment is pending, can I file H1B extension when my H1B amendment is pending?

A: Yes, you can file the H1B extension with USCIS, however it will not be approved by USCIS until the H1B amendment petition is approved by USCIS.

H1B Renewal / Extension Required Documents

From the Employer:

  • Copy of the Job Offer Letter containing the Job Title, Salary Offered. Signed by both employer and foreign national.
  • Detailed Job Description.
  • Company Brochure and/or any marketing material.
  • Copy of most recent Financial Statement, Annual Report or Business Plan, if available.
  • Copy of Articles of Incorporation, if available.

From the Foreign National:

  • Copies of all U.S. visas, I-94’s and I-797 approval notice(s).
  • Copies of University Diplomas.
  • Copies of Transcripts from University Degrees.
  • Copy of Academic Evaluation of Foreign Degree, if available.
  • Copies of letters of experience from previous employers, if available.
  • Copy of Resume.
  • Copy of 3 most recent paychecks, unpaid leave of absence letter, or letter from employer as other proof of employment.

Please click here to see our H-1B Visa Attorney Service.

Please click here for our Complete H-1B Visa How to Guide.

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Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Overview
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17

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