Requirements For H-1B Visa Extension Beyond 6 years

 H1B Visa

The increasingly-popular 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 then being approved, the H-1B visa is very valuable. For that reason, it is understandable that many people would want to look into an H-1B visa extension or renewal as they find new employment, work toward their green cards, or simply wish to continue working and living in the United States.

Under normal circumstances, a foreign national is initially granted a period of stay of 3 years in H-1B status. When you near the end of that period, you will be able to apply for an H-1B visa extension up to a total of 6 years. An employer, however, can only request a total of 3 years on any given H petition. For H1B Visa Process Visit UT Evaluators.

It is important to note 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 year.

Requirements for H-1B Visa Extension Beyond 6 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 than 365 days may be able to extend their H-1B visa beyond the 6-year limit, in 1-year increments. This can continue until the time a final decision is reached on the pending employment-based permanent residence case.

Unfortunately, this 7th-year extension is limited to persons who are applying for their green cards through the employment-based category; it is not available 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 but is unable to proceed with adjustment of status to permanent resident status because of a backlog 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 work for any U.S. employer without restriction (aside from jobs that require security clearance).

As long as you have an approved I-140, your H-4 holders will be able to extend their work authorization. However, if you were to change jobs or your employer were to withdraw your I-140, the EADs would still be valid until their expiration date, but they would be unable to be renewed unless you had another I-140 approved by that time.To know more details on H1B visa check Jsrr

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

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