Keep in mind that after the year is up, if the employee and employer wish to apply for another H1B and the job is cap subject, they would have to enter the lottery once more.
H1B status may be extended beyond six years in certain limited circumstances. If the employer has filed an I Immigrant Petition as part of trying to obtain lawful permanent resident status a green card and the I has been approved, an H1B extension can be filed.
H1B status can be extended for three years if the employee is the beneficiary of an approved I petition, but their priority date is not yet current an immigrant visa number is not available. In these situations, the extensions are only available in one year increments.
What are the rules on H1B extensions or renewals? USCIS requests will ordinarily either state a list of documents that must be provided or a list of questions to explain in a letter response. The request will give a deadline by which the response is due. A g request is similar to the RFE, but depending on the consulate, will be given to the beneficiary after the consular interview. It will contain specific instructions for documentation needed and instructions on how to return these items to the U.
The g request typically does not contain a deadline, and you simply need to wait to hear from the U. Another potential delay at the consulate is "Administrative Processing," which is an additional level of review the consular officer conducts before approving or denying a visa application.
Administrative Processing can happen before or after a g request. The U. State Department guidance as of requires visa applicants to wait at least days before inquiring into the status of their applications if they have not heard from the consulate sooner.
The frustrating thing about Administrative Processing is that the consular officer often does not say why further review is needed. It's frequently resolved in a week or two but can drag on for months and become a frustrating black hole of not knowing if or when you'll get your visa. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Denials Based on Petitioning Employer's Failure to Meet Requirements An H-1B visa or status is often denied or refused because the petitioner—that is, the employer sponsoring the H-1B visa—does not appear to be a real, established, operating U.
I have a question regarding mt H1b transfer. I was recently laid off from company A but luckily got an offer from company B within 60 days. Company B initiated my H1b transfer and I have joined them on receipt notice. My I94 is valid till 20 Sept. What happens if previous company revoked my H1b and my current H1b gets rejected? Can I stay in the country till 20 Sept? If not should I ask my previous company not to revoke my H1B? Puru, Well, then you need to leave the country.
No, you cannot. If they can keep it dormant, they may…This is tricky and you need to discuss with employer and their attorney…. My current I expires on April 30th and I 94 expires on May 10 , i applied for extension in Jan and received denial before 10 days. Can i continue to work in US after April 30th ? If attorney files extension again by May 10th , can i continue to work for days or until a decision is made.
Apply for extension before your i94 expires so you will get receipt On that receipt you can continue for days Do the above thing and start looking to transfer your H1b to new company with new project which makes your extension easier Mostly you will get denial again if you apply on same project with same employer.
So better look for new project after you apply for extension before your i94 expire currently where ever you are working. Rohith, Yes, you can as long as the denial was for Extension. Yes, your employer should file it soon and can work up to days or a decision is made.
My days will expire in May. As days applies only on extension petition, can my employer file another amendment petition while my i has already been expired but I am within days of Authorized Work Status post i expiration with timely filled extension. This will be a great help if you can put some light on this. Will filling amendment petition will keep my work authorization valid beyond days which ends in May.
Venu, This is very much a tricky situation and grey area…You are going to be in something called Bridge situation as your I expired. Please talk to attorney. I am under same situation did u find any solution, does filing h1b extension and amendment allow me to work after days expiry?. I live in windsor ontario and work in Detroit. I have applied my extension which is expiring on May 1 As of now we cant go to work and we all are working from home.
So, can i work after my h1 expiry date? Does day rule apply in my situation? I know we can work for days if we stay in USA. Please advise as its a tricky situation.
You need to think about tax implications in Canada and if you have authorization there… Discuss with your attorney as well and plan out. Thanks for the reply. So, i stay in canada on PR status. Please advise. Harsha, Legally, if you are not in the country, it does not matter. Your employer has to do I-9 compliance, if you work in US. If you work outside of US, they will not maintain it. Talk to your HR and Immigration and sort it out.
At present we have situation with this president EO coming through. In my present situation what you say is it ok to stay until i get approval i live in canada or do you suggest me to go US and wait for approval? May 1st my i expires. Harsha, No one knows. If Trump blocks something, then you would be in trouble. I suggest you talk to your attorney and then make an informed decision. Hi Kumar, I stay in canada as permanent resident and work in US on H1b as a daily commute daily will cross the border.
So, 1. Can I still work and my employer can run pay check in US? Harsha, 1. It is up to your company, some do it for short time. But, after sometime, they do not as it is a taxation issue. Well, I am not sure how it would impact. Discuss with your attorney as well and then take a call. However I have a H1B transfer approved with other employer. Can I join to the other employer and what all things i need to take consider for joining another employer with the i approval notice for the employer.
Talk to your attorney and see, if there is another way. Quick fix would be to get out of the country, get stamping done and re-enter…but, with COVID now, not sure how this would work…. I pay both the taxes even before all this started. As a resident for a canada and working non resident in USA. My concern was only running a pay check and its impact on immigration, if its a tax issue then i will reach out to CPA.
Please advice. Logically you are not in US, it does not matter to you as individual, you are not violating anything. It is problem for them to maintain your I-9 compliance. Also, ask the company immigration attorney and clarify it. Do update here for everyone benefit. Can we still file for extension of H1 B status or it has to be a change of status considering H1B maxing out?
Rakesh, You should only count all days spent in US for max out period. You may try to file, but if questioned that you maxed out, then you need to provide explanation. Talk to your attorney. Usually PERM should have started one year before to avail the benefit. Hello, Assuming visa extension is pending beyond days and we stop working for the client but then stay in the country waiting for approval. I suggest you talk to your attorney on this.
Thanks for the info about the day rule. My current H-1B period of validity ends on May 18, the validity started on August 15, My school has already offered me a new faculty contract for the next school year in the same teaching position starting August 10, they only offer 9-month school-year contract here.
Would it be better to have a summer contract to fill this gap to ensure the extension will be approved? Or is that not necessary? Sanjay, The days rule is for someone waiting for H1B approval, when it is pending.
What it means is that, if you apply for extension and do not hear back for a long time from USCIS, then you should stop working at days mark…. Now, your situation is different. I am not sure, how your first H1B worked. In general, the rule of thumb is you need to be maintaining status on H1B. Now, it does not just mean getting paid…as long as the roles and responsibilities are met and you are functioning according to that, you should be fine.
I suggest you talk to an attorney and clarify on this. I have a question regarding the calculation of days grace period during H1B extension. Is this days count starts after visa expiry date or I expiry date? For this scenario, please suggest when the days count might have started? My i94 expired on 31st August and we had applied extension and got visa till February KPatil, You need to get stamping done to re-enter, if your L1B visa stamp on passport has expired.
If it is valid, you can use that and the extension and re-enter back. Thanks Kumar for prompt reply. My visa is already expired. I was more looking for; is that a fresh visa interview process from India where there might be uncertainty again of rejection? Trying to check if travel in extended period can create any issues to come back. KPatil, You need new stamping. My previous H1B visa expired in September 7, Extension was filed in July. My days since visa expiry is on May 4th. Owing to this special COVID situation, will there be any relaxation that will be made on my case which will let me continue work in US.
Deepa, For now, the rule is you need to stop working. Discuss with your attorney. Hi Vish, Did you check with your attorney. Am also in the same boat. My days end in May. I tried to check with my employer. Kumar, could you tell me when rule will start. I am in very position I applied i94 ext in Aug but my i94 exp in dec Does day rule starts from Jan 1 ? Jag, It starts from I expiry date. If your I was extended until Jan 1st, then it starts from that day, but if it was not extended, then it starts from Aug Jag, I re-read it, I missed the part that it was extended till Dec Please help, I have a complicated situation: Q: As per i my visa date was 20nd Nov19, i have submitted extension on 10th Nov19 Regular.
So I am staying on days rule. I got RFE on 11thMarch20 for extension. Response for RFE is yet to be filed. Can I stay in USA? Can other employer transfer my H1B if current employer fires me In this days rule? Kumar, No, you cannot stay, you need to leave, if they do not respond. Well, you are in something called period of authorized stay, you need to maintain status until you hit that days. Discuss with your attorney and take action accordingly as it can be complicated.
As your I is expired, you would be in something called as bridge situation, where you would need the middle company H1B to be approved…. I can reapply the amendment for the same location and same client? You can stay until you get the actual paper notice and then plan. You may do that.
You are not technically not out of status yet, only your Amendment is denied. Your old one is technically valid, just that your project is over.
You need to Discuss with your attorney on the options. My h1b expires on 31st dec and i94 expires on jan 10th I have applied for h1b extension and got denial on dec 19th.
My employer said he can refile the new petition again before i94 expires. I have below questions now 1 I have to apply before 31st dec or before jan 10th? Can I be her dependent? My employer filed the H1 extension 2nd for the last term before maxing out on 12th Nov in Premium processing. My Question is: a. If yes, how much time does it give me?
Abhishek, a. Technically yes. That is possible only, if your I is valid. Yes, you need to… Once your I expires, you are in difficult situation and will be forced to leave. So, make plans to find an alternate employer and get H1B approved with them or ask your team to act fast and get the decision soon.
Hi my perm is in progress. Now if my perm is approved and also is approved before December and my employer file a extension of h1b based on approved and if that is pending decision can I stay after Dec 6 which is 6 year end period for my h1b? Does the same day rule apply in my case?
My non cap H1b will expire in December. I requested a h1b extension but realized it becomes change of employer. The same company I work now but the name and tax ID changed. How much the chance my case will be denied? Should I look for another job as soon as possible? My i was approved last year. If becomes current during the waiting period of h1b transfer approval, will I have to refile I? My H1-B from previous employer had I valid till Sept, H1-B was approved on July 21st, You were in period of authorised stay.
It is slightly tricky here as you were in Bridge situation with Company A petition acted as Bridge….
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