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How Do You Extend Your H1-B Visa?

By January 26, 2023May 16th, 2024No Comments

Transcript: How can you extend your H-1B?

Hi, everyone. I’m attorney Hashim Jeelani, principal at Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has successfully filed thousands of immigration cases with immigration agencies throughout the United States and overseas.

There are four routes to being able to extend your H-1B. Number one: you can file a standard extension if you haven’t used all of the maximum of six years you are allowed under the H-1B status. T his option is very straightforward. If you’ve had an H-1B for a company under the cap and you haven’t been working for more than six years under H1B, your company or another qualifying company, can file a standard extension on your behalf.

Number two: you can have your company or the future company file a recapture petition to reclaim the time you spent outside of the US while on vacation or for other trips abroad. Again, this is a pretty straightforward situation. For example, if you went back home for two weeks every year for the six years you were on H-1B, then you can recapture 12 weeks — roughly three months of time — through your employer by filing a recapture or extension petition.

Number three: you can file an extension beyond the sixth year in one year increments. If you have a labor certification, also known as PERM, or I-140 that has been pending for at least 365 days or more. This option allowed under AC21 involves your employer starting the process for your green card filings. If your employer started the Green Card process, meaning they filed the labor certification, unless you are exempt, then the I-140 petition was filed. Hopefully before the end of your fifth year at the very latest, they can then file a one-year extension as soon as you pass the 365-day mark. You can qualify for further one-year extensions if your PERM or I-140 are still pending final decision

And number four: if you have an approved I-140 and your country’s priority day is not current, you can get extensions until it does become. And this is issued in three-year increments. This type of AC21 extension is typically used for our clients after they’ve done the one-year extension based on the 365-day pending rule. It is also used by our clients whose employers started the processing late and they don’t have the entire 365 days left before their sixth year expires. In this case, say for example the employer gets the PERM approved within eight months, the employer could then file the I-140 under premium processing, which is 15-day processing, and qualify for the AC21 three-year extensions based on the approved I-140. Your company can file continued three-year extensions until your priority date becomes current.

If you have any further questions or any questions specific to your case, or need more information, call our office to schedule a phone consultation with a senior attorney at Jeelani Law Firm. Thanks for watching this video. I’m attorney Hashim Jeelani. Don’t forget to click the like, subscribe, and bell buttons to be notified every time I upload a new video.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.