H1B Extensions
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| Extensions can be beautiful yet complicated. |
BACKGROUND
An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required. There is an annual cap on these visas and competition is high to just be allowed to apply for the H1. Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors the individual for permanent residency, the H1B can be extended beyond six years without going through the cap again. You can see why H1Bs attract IT workers, because a company's IT needs can legitimately go on forever. Read all about H1B visas at this link.
PLEASE PLEASE PLEASE: Discuss your specific circumstances with an immigration attorney! One factor alone can change the approach, and there is too much to lose with a mistake. If you need to pay for a consultation, do it! And do it multiple times! See my discussion on the value of a paid consultation here and also here. How much money do you stand to lose with a mistake that can happen very easily in this area? How much is your anticipated lifetime income in the U.S. compared to India or Ethiopia?
Just ask yourself this, "On a scale of 1 to 10, how critical is it that my application is done correctly?" From there, you yourself can effectively value an attorney's advice. You might say, "Well obviously everyone will say TEN." I thought so too. But I asked this very question to someone sponsoring their new wife to come to America: "Sir, how critical is it to do your wife's application correctly?" Then, this guy actually replied, in a monotone voice, "Seven." Absolutely true story. Now, do I really think he cares that little about this wife? No. But it does reveal how little stock he puts in professional assistance for his own wife! Whew! Glad his in-laws aren't reading this! But it was an productive exchange nonetheless, because he and I can both agree that my assistance will not work for either of us.
SO, based on some recent questions I received here are a few GENERAL pointers about the H1B extension process in particular.
WHAT HAPPENS IF AN H1B EXTENSION IS NOT APPROVED BEFORE EXPIRY OF THE CURRENT H1B? CAN I CONTINUE WORKING?
Your current H1B status is valid until a decision is made on the extension application, and you may continue working during that time. Here's the rub: If your extension application is denied, you will be out of status. And the law does not allow changing to another status unless you are currently in a valid status. Some of the rules regarding the 60-day grace period MIGHT apply, but the important takeaway is this: Make sure your application for extension is solid. This means making sure you work for a good company. This goes for any nonimmigrant visa application.
EVERY STEP TAKES TOO LONG. CAN YOU HELP ME EXPEDITE ANY OF THE STEPS?
Yes indeed. An H1B extension application is eligible for premium processing. At the moment, the fee for premium processing is a hefty $2805.00. But if you or your employer are willing to pay it, premium processing shortens the decision to 15 business days. Also, this is one fee where the foreign national can be required to pay, if the FN is the requestor. In addition, the employer or attorney must file the premium processing request. The foreign national cannot file it on their own.
MY DRIVERS LICENSE (DL) EXPIRES SOON. THE DMV REQUIRES PROOF OF VISA FOR EXTENSION. ANY SUGGESTIONS ON HOW I CAN RENEW MY LICENSE WHILE WAITING FOR THE H1B/PERMANENT RESIDENCE?
In Minnesota this is no longer a requirement. As of 2023, you can renew your DL without proof of immigration status. However, most if not all states who still require proof of immigration status also allow one to show proof that the status is being extended, like a receipt notice. This is very state-dependent so check your local laws.
OUTSIDE OF THE EMPLOYER SPONSORED VISA, MY DAD RECEIVED U.S. CITIZENSHIP LAST YEAR AND FILED AN I-130 FOR ME. I UNDERSTAND IT TAKES A LOT OF YEARS. IS THERE ANYTHING ELSE HE CAN DO FROM HIS SIDE?
From his side, no. At the current pace, your category will unfortunately take 10 to 15 years or more, depending on if you're married. If you're weren't born in India, any employment-based sponsorship is your fastest bet. If you were born in India, only single people have any sliver of hope for permanent residency, in the next several decades, if they plan on marrying someday. Do NOT marry someone for immigration purposes! You can, however, restrict your pool of potential, bona fide, lifelong soulmates to U.S. citizens.
I am glad however that your dad filed the I-130. Too many people see the long wait time and fail to drop in the application, especially if they are in the U.S. on a long-term, dual intent visa. Later on, after unsuccessfully exploring options for years, they look back wishing they had done so. But that's a separate issue and should be discussed with an immigration attorney.
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