H1B VISA EXTENSION

You need to contact your department to request an extension of your H-1B authorization if your current authority expires before you expect to finish your employment at Tufts. An H-1B extension request follows a similar procedure as an initial H-1B authorization request; in each case, your department should request H-1B authorization on your behalf.

HOW TO BE ELIGIBLE FOR AN H1B EXTENTION:

If square measure invalid H-1B standing and are still utilized in a very specialty occupation (a position requiring specialized skills and knowledge) together with your Tufts department, then you’ll be able to request an extension of your H-1B standing.

Here’s more information on H-1B visa blogs:

Complete Process and Guidance on When to File an Amended H-1B Petition

USCIS Grace Period for H1B Visas 60 days

H1B Application approval things to know

Lottery for H-1B Visas (How Does It Work?)

ELIGIBILITY LIMITS:

According to H-1B laws, H-1B standing is also granted for up to 6 years, however, no more than 3 years at a time. If you’re applying for US permanent residence, you’ll be eligible for an extension on the far side of the sixth year, otherwise, you need to leave the US for an accumulative amount of twelve months to re-establish your H-1B standing.

PROCESS FOR EXTENSION OF H1B:

There are many ways in which within which you’ll be able to extend your H-1B standing once three years:

❖ 1-Year H-1B extension

An H-1B extension is also requested for the foreign skilled once 6 years at annual intervals. During this case, the PERM petition or the I-140 should be filed one year before the 6-year expiration date.

❖ 3-Year H-1B extension

The foreign skilled might apply for an H-1B visa extension for up to 3 years if the petition for EB-1, EB-2, or EB-3 employment-based identification classifications have been approved and therefore the migrant visa variety is out of stock.

The purpose of this is often to forestall beneficiaries from returning to their home countries whereas they watch for their priority dates to become current. For those that should wait over a decade for an EB-3 migrant visa variety to become accessible, an H-1B extension is often terribly useful.

If you opt to travel internationally on an H-1B visa, this extension is often terribly useful. An H-1B visa extension is often granted by “recapturing” that point spent abroad. An H-1B extension is also requested if the foreign skilled, traveled outside the U.S. Throughout the validity of the visa. You need to give copies of your I-94 and connected stamps as proof of your entry into the U.S.

CHECKLIST OF DOCUMENTS REQUIRED FOR H1B:

For Employees:

To increase or renew an H-1B visa, foreign professionals should give the subsequent documentation:

Original H1B visa and a duplicate of your passport
The USCIS I-94 Arrival/Departure type with a not-yet-expired departure date on the I-797 approval notice.
Your summary or resume

One of the subsequent often wants to demonstrate employment:

three previous pay stubs
a letter requesting a leave of absence or
a letter from your boss
Bachelor’s or degree from a university
a transcript from the university
Evaluation by lecturers
Recommendation letters from previous employers

For Employers:

A copy of the utilization provides a letter
Signed by each the corporate and therefore the H-1B worker, particularization the remuneration, job title, and responsibilities.
Job description booklet or alternative promoting materials for the corporate

If accessible, a duplicate of the foremost current plan, business set up, or annual report for the corporate.

If accessible, a duplicate of the Articles of Incorporation

H1B EXTENSION METHOD FOR SPOUSE:

The spouses of H-1B visa holders might extend their H-4 visa once their H-1B visas expire once six years. If the H4 visa holder has not broken any visa rules or committed any crimes, they’re sometimes granted this extension. An extension request ought to be submitted as shortly as potential. However, an extension granted to the first H-1B holder doesn’t mean that each coupled H4 holder has additionally received extensions.

Note: H-4 recipients should submit the I-539 at the side of proof of their relationship to the first H-1B holder at the identical time because of the original H-1B extension application.

WHEN TO FILE AN H1B EXTENSION:

Before your current standing expires, you need to apply for an extension of your H-1B visa, rather like the other U.S. Visa. This should be done six months before the visa’s expiration date. It’s never a wise plan to file for an extension before your H-1B visa is slated to expire. You run the danger of meeting major complications if you file once your visa has expired, which might peril your extension acceptance.

If your visa has expired and you have been labeled “out of standing,” you’ll have to indicate documentation of the following:

That you’ve got to maintain your non-immigrant standing in a very legitimate manner.
That the delay was inescapable or uncontrollable.
That the delay was honest which you probably did not breach your H-1B visa standing.
That you’ll not be deported from the U.S. Of America.

As you’ll be able to see, proving this may be robust and long, time that would be higher spent elsewhere. As a result, it’s preferred to avoid this downside by filing your renewal on time. If you discover yourself out of standing before applying for an extension, contact a practiced immigration professional person as shortly as potential to enhance your possibilities of obtaining your H-1B extension approval.

WHAT IF THE H1B EXTENSION GETS DENIAL:

The first step is to work out whether or not your H-1B extension has been authorized or denied. These 2 phrases seem to be synonyms in immigration law, however, they need completely different meanings. H-1B extension petitions (and alternative visa petitions) are processed in 2 stages by USCIS. An evaluating officer can review your case throughout the primary stage of the extension procedure to make sure that your petition is complete and correct, that your fees are correct and within the correct places, and that you’ve got all of the required supporting documentation and proof.

If any of those materials are missing from your petition bundle, it’ll be denied. You’ll not be refunded if this occurs; therefore, the most effective course of action is to correct the error or omission and render your petition revised payments.

REASONS FOR EXTENSION DENIAL:

If you are involved that your H-1B visa extension is also denied, deem why the USCIS evaluating officer may build that call in your case:

If you have modified jobs together with your sponsoring company since obtaining your H-1B, the USCIS might not think about your new position as a specialized position. To avoid this, keep within the same position or field of labor as after you applied for your H-1B, or consult an immigration professional person to work out if ever-changing jobs might end in a future extension denial.

The H-1B holder’s employment should be utterly underneath the employer’s management, per the USCIS. Staff should be allowed to rent and hearth others, similarly as manage their salaries, operating conditions, and daily activities.

It is essential to stay track of your visa standing to avoid extension denials. You’ll face deportation if you commit crimes within the U.S., and it’s nearly definitely a no-no for an H-1B extension. Operating while not authorized or avoiding taxes might end with your extension being denied by the evaluating officer.

WHAT TO TRY IF YOU HAVE BEEN DENIED FOR EXTENSION:

You will nearly seemingly have some choices if your request for an extension is approved or denied:

You will investigate why your petition was rejected and render it.
You will file a legal motion with the assistance of your professional person.
A petition is often wanting to apply for a replacement visa or an identification.
You might leave the country at any time.

You’ll most likely be told that you just cannot charm the choice in your denial or rejection letter. Fortuitously, the USCIS can presumably make a case for why your application was denied, albeit you’ll be told that you just won’t be allowed to charm to a 3rd party.

240-DAY H1B EXTENSION RULE:

If you’ve got exceeded the six-year limit on your H-1B visa and requested an extension through an authorized I-140, you’re still certain of the terms of your visa.

If the subsequent necessities are met, the 240-Day Rule authorizes An H-1B holder with an extension unfinished to continue working:

The H-1B employee’s standing remains valid, whereas filing an extension petition.

The sponsoring leader files the extension petition before this standing expires.

Before the employee’s current standing expires, the petition is received by the USCIS.

The H-1B employee remains utilized by the corporation that requested the extension.

While it’s sensible to petition for an extension well before your validity, the amount expires, the length of your time it takes to method an H-1B extension is on the far side of your management.

If your H-1B validation amount expires whereas your petition is being examined, the USCIS features a provision for you.

During this point, the 240-day rule permits you to stay within the U.S. And continue functioning at your gift position. Your 240-day work authorization can terminate and your H-1B extension can begin if your petition is approved throughout this point.

However, if your petition is refused, this provision can instantly expire, forcing you to either pack up and build alternate preparations or leave the country.

WHAT OUGHT TO I DO IF MY EXTENSION APPLICATION HAS BEEN DENIED ONCE 240 DAYS:

Your right to continue operating can expire if you’ve got not received an acceptance or denial notification 240 days once submitting your extension petition. Whereas you watch for the USCIS to create a call on your case, you’ll have the right to stay within the country.

During this point, you keep are going to be thought-about authorized. If your request for an extension is granted, you’ll be able to continue operating and living within the U.S. If you receive a denial notice, however, you keep can become embezzled from that time on, as your amount of authorized keep can expire on the day the USCIS notifies you of the denial. To avoid infringing immigration laws and accruing unlawful presence, you need to leave the U.S. Forthwith.

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