This ensures that all the necessary steps have been taken so that the process is as seamless as possible. Contact Pride Immigration and talk to our immigration experts today to answer any questions you may have about traveling to and staying in the United States. Visa Waiver Program. The following two tabs change content below. Bio Latest Posts. Beeraj Patel, Esq. Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.
Latest posts by Beeraj Patel, Esq. Footer Recent Posts. H1B visa holders are eligible for a total maximum stay of six years. The six-year limit includes time spent on the H1B visa with another employer.
The initial H1B petition may cover a period up to three years. Extension petitions may be made for a period of three years or less, up to the six year total. While the six years maximum is strictly enforced, most H1B visa holders find that they can spend a lot more time in the U. It is also possible for international employees to recapture any time spent abroad. For example, if the employee leaves the US for 3 months, they can most likely recapture the time lost toward the six years.
There are exceptions where international employees can extend their stay beyond the six years under the American Competitiveness in the Twenty-First Century Act, or AC H-1B employees can extend their visas if they are the beneficiaries of an approved Immigrant Worker Petition I , and cannot file a green card or permanent residency application because their priority date is not current.
The Department of State publishes priority dates in its monthly Visa Bulletin. If the employee's priority date is not current, the employer can extend the visa for another three years.
There is a substantial backlog in priority for particular categories, so the employer can extend the H-1B visa indefinitely until the priority date becomes current.
If the application is still pending by its expiration, you can extend the H-1B status for another year. Your immigration team should ensure that all required documents are in order, that your letter of support is sufficient, that all fees are included in the petition, and that all other instructions are followed.
It is highly recommended that an employer always check with an immigration attorney to ensure that all required documents are in order, that your letter to the Visa Office is sufficient, fees are paid and that all other details are followed or the applications will be returned.
If you have any questions about extending an H-1B Visa, please schedule some time to speak with us. Content in this publication is not intended as legal advice, nor should it be relied on as such. AC21 allows H-1B workers to extend their visas only if they are the beneficiaries of employment-based petitions. 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.
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