What is H-1B Extension?

1 Year H-1B Extension

H-1B nonimmigrants are permitted to obtain an extension of H-1B status beyond the 6-year maximum period, when:

1. the H-1B nonimmigrant is the beneficiary of an employment based (EB) immigrant petition or an application for adjustment of status; and
2. 365 days or more have passed since the filing of a labor certification application that is required for the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of the EB immigrant petition.

The Attorney General is required to grant the extension of stay of such H-1B nonimmigrants in 1-year increments, until a final decision is made on the H-1B nonimmigrant’s lawful permanent residence.

In order for an H-1B nonimmigrant to receive an extension of stay beyond the maximum 6-year limit, a petitioner must file a Petition for Nonimmigrant Worker on behalf of the nonimmigrant beneficiary. The petitioner may be either the beneficiary’s current employer or a new employer. If the H-1B petition is approved, the petition will be valid for a period of 1 year. One-year extensions of the beneficiary’s H-1B status may continue until a final decision is made on the alien’s lawful permanent resident status. A petitioner is required to file a new Petition for Nonimmigrant Worker and pay the filing fee for the request for a 1-year extension of status. Existing guidelines for payment of the H-1B Nonimmigrant Petitioner Account Fee shall be followed.

3 Year Extension

H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits are eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants.

The statute states that the beneficiary must:

1. have a petition filed on his or her behalf for an employment based (“EB”) petition; and
2. be eligible to be granted that status except for the per-country limitations.

Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status, a petitioner must file a Petition for Nonimmigrant Worker with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines for payment of the Nonimmigrant Petitioner Account Fee shall be followed. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit. Extensions of stay shall be made in increments of three years.

Lei Jiang LLC provides H-1B visa extension and all employment immigration law services. If you have any question or need, please contact us.