H-1B Extension is a petition filed by the employer on behalf of the individual to extend H-1B status for their current foreign employees. This way the foreign worker does not need to leave the country to apply for a new H-1B status and can continue working while the H-1B extension is still pending.
In order for you to stay in the U.S. and work you will need to file an H-1B Extension to extend your stay.
You must file for your H-1B Extension prior to your expiration date.
In case you fail to submit your H-1B Extension prior to your expiration date, you are most likely to get denied or required to leave the U.S. and return with new H-1B stamping. The days you stay in the U.S. after your expiry will be considered to be out of status.
You cannot submit your H-1B Extension more than six months in advance.
You may request 3 years request on your extension. However, you must keep the 6 year H Limitation in mind.
You may file as many extensions as needed. However, the maximum period of stay in the U.S. on H-1B status is six years. In which case, you will have to return to your country for one year and then you may return on H-1B again. If you have a permanent residence application pending for more than a year, you are entitled to file for H-1B status for three years without leaving the country for one year.
All dependents are eligible to stay in the country on H-4 status as long as your H-1B status is current and valid.
I received my H-1B Extension approval, but I do not wish to stay in the U.S. any longer. What can I do?
You are free to return to your country whenever you want
An H-1B Extension may take approximately 3-4 months to be adjudicated. However, if you have filed from premium processing, you will receive a decision within 15 days of the filing.
What documents are required to submit an H-1B Extension?
You must submit the following documents to prove your eligibility for H-1B Extension:
- Copies of biographic pages, visa stamp page, I-94 and travel stamps from the beneficiary's passport
- Current employer letter
- Pay Stubs from current job to confirm you are still employed and maintaining status
- Education degrees, certificates, evaluation, resume, experience letters, etc.
- Certified Labor Condition Application
- Copy of previously approved H-1B petition
- Other documents proving admissibility or maintenance of nonimmigrant status
H-1B Filing fees vary upon the situations of the case. If the H-1B Employer is a nonprofit research organization or higher education, the application fee is $320. If the H-1B employer is an profit employer and is filing H-1B Extension second or more times and if the employer has more than 25 employees, the filing fee is $1820. If the employer has not filed a H-1B extension before and does not have more than 25 employees, then the application is $320. If the employer is filing a second or subsequent extension but does not have more than 25 employees, the required fee is $1070.