How To Extend Your H-1B Visa Beyond The Six-Year Limit - Eligibility And Steps

H-1B visas are often seen as a gateway to the United States for many immigrants to fulfill their dreams. Generally, visa status holders can stay for an initial period of three years, with the option to extend for a maximum period of another three years. But can you extend the H-1B visa beyond the six-year limit? The answer is yes.

Here are the different ways to extend your H-1B visa beyond six years -

1. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act (AC 21), the following individuals are eligible for the visa extension:

• 365 days or more have passed since the filing of any application for labor certification (Form ETA 750 or 9089) that is required or used by the alien to obtain status as an Employment-Based (EB) immigrant.
• 365 days or more have passed since the filing of an EB immigrant petition (I-140).
• The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

1. The foreign national should have an approved I-140 petition for an employment-based immigrant visa in the EB-1 (priority worker), EB-2 (professional with advanced degree or person with exceptional ability), or EB-3 (skilled or experienced worker) preference categories.

2. If your Form I-140 is approved and a visa number is available, then you can get a one-year extension only if your employer filed a labor certification or I-140 at least 365 days before your six-year limit ends, and the case is still pending.

3. In case you change jobs or get laid off, and your employer files a proper and on-time extension or change-of-status request, you can usually stay in the US legally while the application is being processed. However, you cannot work after your H-1B end date until the new status is approved (if you are staying in the US).

4. If you apply for a Compelling Circumstances EAD (CCEAD) and it is still pending, you can stay in the US legally while it is being reviewed, even after your H-1B expires. However, you cannot work after your H-1B end date until the CCEAD is approved.

5. If your CCEAD is approved, you can stay in the US and work legally. It can be renewed every year as long as the compelling reasons continue. With a CCEAD, you can work for any employer.

Next, let's look at the process involved in filing for an H-1B visa extension:
If you are looking to extend your H-1B visa status. Here's a general overview of the process:

1. Confirm Eligibility - Before starting the visa extension application process, the first step is to ensure that you are eligible for it.

2. File Early - Don't wait for the last moment to apply for a visa extension. Plan ahead of the expiration date of your current H-1B visa. U.S. Citizenship and Immigration Services (USCIS) recommends filing the extension petition up to six months before the current visa expires.

3. Sponsoring Employer - They are responsible for initiating the H-1B visa extension process. They must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on behalf of the H-1B visa holder.

4. Required Documents - You should keep the following documents ready for the visa extension process:

• Form I-129 (Petition for a non-immigrant Worker)
• Copy of the H-1B visa holder's current Form I-797 (Approval Notice)
• Updated employer letter confirming continued employment and detailing the terms of employment
• Documentation demonstrating the specialty occupation and the applicant's qualifications (such as educational degrees, certifications, and work experience)
• Labor Condition Application (LCA) certified by the Department of Labor (DOL)

5. Submit the petition - Along with all the required documents, the employer or their authorized representative should complete and submit Form I-129 along with the correct filing fee to USCIS.

6. Approval Notice - Your petition will be reviewed by USCIS. If approved, they will issue an Approval Notice (Form I-797), extending your stay in the United States.