Applying for an Extension of Your H1B Visa

If you are a non-US citizen working in the United States on an H1B visa, you may eventually come to a point where you have to file for an extension of your visa.  H1-B visas are typically issued for a period of three years, after which they must be renewed through the same process in which you originally applied for the visa.  To make sure that your renewal application is processed correctly and in a timely fashion, which will allow you to remain living and working in the US, you will need to follow the steps to filing an extension of your H1B visa.

Applying for an Extension of Your H1B Visa

The first step to filing for an extension of your H1-B visa is to gather all of the valid passports for yourself and any of your family members who are living in the US in your household.  These passports must be valid for at least six months at the time of application.  You will also need your form I-94, which is the Certificate of Arrival or Departure, which should have been issued to you the last time you entered the US.  You will need the original of this form; copies are not acceptable.

The next step to getting your H1-B extension processed is to obtain a letter from your current employer supporting your renewal under the immigration laws.  Your employer must specifically state your position within the company, what exactly you do for the company and what the nature and scope of your position is.  In addition, it must list any dependents you have as well as offer a clear and strong explanation as to why the visa is needed for your continued employment within the US.  This letter must be addressed to the Department of State Visa Office.

You will also want to make sure that you are eligible for an extension of your visa, and understand what period of time the extension may cover. H1-B visas have a three-year expiration period after their initial issue, and the first renewal gains you three additional years.  After that, if there are specific circumstances such as your importance in your field or the work you are doing, you can have your H1-B visa renewed on an annual basis by special approval.  In any case, you will want to make sure that you file your application materials in a timely fashion in order to avoid possible deportation due to an expired visa.

Getting Help

If you have difficulty applying for an extension of your H1B visa or you have questions about the application process, consult with an experienced US immigration attorney who can guide you through the process.