Frequently Asked Questions - Extension

When used in relation to immigration, this is another name for extending your status.

H-1B Petition for Extension

An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.

B Visa Extensions

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.

H-1 Concurrent Employment

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

PERM Audit & H1 extension beyond 6 yrs

You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.

H-1 transfer during pending extension

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

H-1 Extension

Personally, I have seen no correlation between premium processing and increased RFE's.

H1B Extension beyond 6 years

H-1 starts on the date you ENTER USA.

H1B extension for pending labor
What to do When the 240 Days H-1B Work Authorization is Expiring?
Status of Off-site Placed STEM OPT Extension Students
180 Rule for Priority Dates/H-1B Extension
H-4 EAD Termination and Converting to H-1B
Transferring H-1B While an RFE is Pending
H-4 EAD and H-1B Extensions Rules Change

Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

Video Transcript

1. What you could try doing is have your green card started and you can use that to extend your H-1. 

Does H-1B Extension Denial Invalidate an Existing H-1B?

Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

Video Transcript

1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

How Late Can a I-485 be Filed After Priority Dates Become Current
H-1B Visa Denied and Petition Sent for Revocation
H-1B Visa Stamping in Canada or Mexico; Importance of I-94

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
Effect of Revocation of PERM on an Already Approved H-1 Extension
H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
How does H-1 60 day grace period work?
The new regulations, withdrawal of I-140, H-1 extensions
Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
Regarding H-1B Extensions

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

Does H-4 EAD have to be applied again if H-1 changes jobs?
Withdrawing one pending petition (H-4) when another is (F-1) approved

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Travel while H-1 extension pending – change in I-94 number

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

H-4 visa extension approved. Can I travel now?

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

Simultaneous filing of H-1 amendment and extension

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.