When H1B extension can be applied is a crucial question for many foreign workers in the United States. The H1B visa is a non-immigrant visa in the United States, which allows U.S. employers to temporarily employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. However, due to the complexity of the application process and the limited number of H1B visas issued each year, many foreign workers may need to apply for an H1B extension to continue working in the U.S.
The H1B extension is available under certain circumstances. Firstly, if the worker’s original H1B visa is set to expire before the completion of the authorized period of stay, the worker can apply for an extension. The extension can be for the remainder of the authorized period of stay, as long as it does not exceed six years. For example, if a worker’s H1B visa is valid for three years and is set to expire in two years, they can apply for an extension for the remaining one year.
Secondly, if the worker’s employer is experiencing unforeseen delays in the approval of their permanent residence application, such as an I-140 or I-485 petition, the worker can apply for an H1B extension. This is known as the “unlimited extension” and is available for as long as the employer demonstrates that the delay is beyond their control. It is important to note that the employer must provide a valid reason for the delay and evidence to support their claim.
Furthermore, certain categories of H1B workers may be eligible for an automatic extension of their H1B status. For example, if a worker’s employer is experiencing unforeseen delays in the processing of their I-140 petition, the worker can automatically receive an extension of their H1B status for up to 240 days. This automatic extension is intended to provide temporary relief for workers whose status may be at risk due to processing delays.
It is essential for foreign workers to understand the deadlines and requirements for applying for an H1B extension. Generally, the extension application must be submitted at least 45 days before the expiration of the current H1B status. Failure to submit the application on time may result in a gap in the worker’s authorized stay, which could lead to legal and employment consequences.
In conclusion, when H1B extension can be applied depends on various factors, including the expiration of the original visa, processing delays in permanent residence applications, and eligibility for automatic extensions. Foreign workers should consult with immigration attorneys or professionals to ensure that they meet all the necessary requirements and deadlines for applying for an H1B extension. By doing so, they can continue to work in the United States without interruptions and maintain their legal status.
