Extension FAQs

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

I am on H4 status with my current visa valid until August 29, 2025.

My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:

Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?

Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?

If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 

Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

 

While applying for a B2 extension for job search, if I mention that despite giving so many interviews, I have not been able to get a job offer, will it increase or reduce my chances of approval?

My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?

My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.

We have filed her I-539 application online and it is still pending with USCIS.

We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).

I am in my sixth year of H1B, which will expire on July 27, 2025. My I-140 was filed on July 12, 2024, and I expect a decision soon, given the I-140 processing time of 7-9 months. Once my I-140 is approved, I plan to apply for a three-year H1B extension.

My employer operates as a fully remote company, and they support my plan to work remotely from Europe starting June 1, 2025, while continuing to be paid on the U.S. payroll. I worked remotely from India and Europe for around six months during my H1B period without any issues re-entering the U.S. However, I plan to spend most of the next three years (over six months per year) outside the U.S., and I am seeking clarity on maintaining my H1B status, re-entry requirements, and compliance with immigration laws.​

Questions:

1.) Given that my I-140 was filed on July 12, 2024, and assuming it is approved soon, should I apply for premium or regular processing for my three-year H1B extension? Would premium processing provide any specific advantages since I plan to work remotely from Europe starting June 1, 2025, while staying on the U.S. payroll, or should I go with standard processing and apply and wait for the decision while I am outside the USA? Perhaps the renewal decision will help before I move out of USA?

2.) What is the maximum time one can spend outside the U.S. each year while still maintaining H1B status? In one of your previous videos on H1B remote work, you referenced 8 CFR 214.2(h) regarding H1B workers' ability to work outside the U.S. while being paid in the U.S. However, I couldn’t find explicit wording confirming this. Could you clarify where this is stated?

3.) Given the current administration’s policies, are there any concerns with staying abroad for more than six months per year for the next three years while on H1B working remotely with a US payroll?

4.) Can I open a company in Europe to obtain residency there while continuing to do the same work remotely for my U.S. employer and receiving my salary in the U.S.? Would this create any H1B compliance issues? How frequently should I visit the U.S. to maintain my H1B status and avoid re-entry issues?

5.) If I visit the U.S. for only a few days or months and work from an Airbnb in the same Metropolitan Statistical Area (MSA) as my employer’s address, do I need to update or amend my H1B petition? If my employer undergoes a USCIS site visit while I am working remotely from abroad, what potential consequences could arise, and how should I handle it?

My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.

Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?

 

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:

1. Does my employer need me physically in the U.S. to apply for my H1B extension?

2. If yes, what alternatives are available for my employer to apply while I am abroad?

3. Given that my visa expires in September 2025, when should I start the extension process at the latest?

 

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

My current I-797 and H-1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H-1B extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?

I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my H-1B is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?

If my H-1B is approved while I am out of the country or during transit, Can I enter the USA with the existing H-1B stamping?

My work is remote, and I can work from anywhere. Can you provide me with a better solution than the 2 options below?

1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.

2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.

 

My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?

OR do I need to travel back to my Country and apply for an extension after 1st November 2024?

I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?

I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.

1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?

2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?

3. Do I need to go through the H1B lottery again anytime if I want to return in the future?

4. Does it matter if my PD is current when I return to the US?