Posts Tagged ‘h-1b extension’
What happens if my H-1B petition is approved, but my extension of stay is denied?
The petitioner of an H-1B change of employer petition or extension petition may request, as part of the petition, that the beneficiary’s stay be extended in the U.S. If the USCIS finds that the beneficiary has not maintained his/her H-1B employment/status during the prior H-1B validity period, the USCIS may approve the underlying H-1B petition but deny the request for beneficiary’s stay to be extended. In these cases, a denial notice strictly for the extension piece will be issued.
In order to work in H-1B status once the extension piece is denied, the beneficiary must go to a U.S. Consulate abroad and obtain an H-1B visa. Once he/she re-enters the U.S., he/she can resume H-1B employment.
The timing for the beneficiary’s departure from the U.S. to visit the Consulate is dependent upon the denial notice for the extension. Once it is issued, the beneficiary must depart the U.S. immediately. If the beneficiary remains in the U.S., he/she will start accruing what’s known as “unlawful presence” each day he/she stays beyond the denial date. This could complicate the beneficiary’s chances of obtaining the H-1B visa abroad and being allowed to continue working in the U.S.
Please contact our immigration law firm if you are facing this issue or would like to discuss the requirements for extending your stay in the U.S.
Tags: extension of stay, H-1B change of employer, h-1b extension, H-1B transfer, H-1B visa
Posted in FAQ H-1B | Read More »
Are there any situations in which I may extend my H-1B status beyond 6 years?
The general rule is that H-1B status may be granted for a maximum period of 6 years. Typically, an individual who has reached 6 years must depart the U.S. at the end of the 6th year. If an individual leaves the country and stays outside the U.S. for one year or more, he/she is eligible to apply for another 6 years in H-1B status, but will be subject to the annual cap (quota).
There are two exceptions that allow an individual to remain in the U.S. beyond the 6-year maximum without having to return home. First, H-1B status may be extended beyond 6 years if a labor certification application (also known as, a PERM application), an I-140 immigrant petition, or an adjustment of status application was filed on the H-1B holder’s behalf at least 365 days prior to the expiration of his/her current H-1B status, and the case is still pending.
Under this exception, H-1B status may be extended in 1-year increments until there is a decision on the application or petition. Second, H-1B status may be extended beyond 6 years for any person who is the beneficiary of a first, second, or third employment-based petition, who, due to per country limitations (i.e. availability of a visa) is unable to file for or obtain immigrant status. For this exception to apply, the individual must have an approved I-140 immigrant petition.
Under this exception, H-1B status may be extended in 3-year increments until a visa number is available and there is a decision on the adjustment of status (“green card”) application.
If you require the assistance of an immigration attorney with questions regarding your H-1B status and eligibility for extensions, please don’t hesitate to contact our office.
Tags: 6-year maximum, AC21, employment-based green card, h-1b extension
Posted in FAQ Employment-Based Green Card, FAQ H-1B, H-1B | Read More »
