Frequently Asked Questions - Extension
When used in relation to immigration, this is another name for extending your status.
- H-1B Petition for Extension
- B Visa Extensions
- H-1 Concurrent Employment
- PERM Audit & H1 extension beyond 6 yrs
- H-1 transfer during pending extension
- H-1 Extension
- H1B Extension beyond 6 years
- H1B extension for pending labor
- Visitor, Tourist, B-2 visa extensions and multiple extensions
- Loss of H-1B Job and Opting for B-2 Visa
- H-1B no notification of termination, 60 days grace period, etc.,
- Implications of the 240 days grace period
- B-1/B-2 visitors visa extension
- Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)
- Transfer of H-1B while extension is pending
- Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?
- How far ahead of job or petition start date can I apply for H-1B visa stamping?
- Traveling While H-4 and EAD is Pending
- Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions
- H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending
- Getting H-1B Extensions Based on of I-140 Approval of Spouse
- What to do When the 240 Days H-1B Work Authorization is Expiring?
- Status of Off-site Placed STEM OPT Extension Students
- 180 Rule for Priority Dates/H-1B Extension
- H-4 EAD Termination and Converting to H-1B
- Transferring H-1B While an RFE is Pending
- H-4 EAD and H-1B Extensions Rules Change
- Does H-1B Extension Denial Invalidate an Existing H-1B?
- How Late Can a I-485 be Filed After Priority Dates Become Current
- H-1B Visa Denied and Petition Sent for Revocation
- H-1B Visa Stamping in Canada or Mexico; Importance of I-94
- Does H-4 Require a Prior USCIS Approval for Visa Stamping?
- Effect of Revocation of PERM on an Already Approved H-1 Extension
- H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?
- How does H-1 60 day grace period work?
- The new regulations, withdrawal of I-140, H-1 extensions
- Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
- Regarding H-1B Extensions
- Does H-4 EAD have to be applied again if H-1 changes jobs?
- Withdrawing one pending petition (H-4) when another is (F-1) approved
- Travel while H-1 extension pending – change in I-94 number
- H-4 visa extension approved. Can I travel now?
- Simultaneous filing of H-1 amendment and extension
An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.
A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.
You can extend your time, assuming that you would be otherwise eligible for an extension of status.
You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.
If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.
Personally, I have seen no correlation between premium processing and increased RFE's.
H-1 starts on the date you ENTER USA.
This FAQ has become such a problem for people. Answering to the question:
1. Yes, you can.
2. Yes, she can.
1. Until the B-2 is denied you could try to keep getting it extended.
2. No, as long as a timely filed B-2 was pending you have no unlawful presence.
File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them.
1. What you could try doing is have your green card started and you can use that to extend your H-1.
1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's.
You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.
When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa.