An H-1B Visa is provided to non-immigrants and allows companies in the United States to hire foreign employees for work that requires proficiency in fields such as science, mathematics, architecture, and any other professional position that typically requires a Bachelor's degree. Typically this visa lasts for six years, and once this limit is reached, the foreign worker must live outside the United States for at least one year before being eligible to obtain a new H-1B Visa. However, there are situations in which the six year limit can be extended.
The attorneys at Berd & Klauss PLLC are skilled at handling H-1B visa extensions and impart two scenarios in which an extension can be granted:
- If 365 days prior to the six year limit the H-1B holder files either a labor certification application or an I-140 petition, which is filed by the employer on behalf of the worker to grant permanent residence, the visa may be extended, provided that neither application has been denied.
As long as the worker’s immigration process is still in motion, there is no limit for extension in this situation.
- If the worker’s I-140 petition has been approved, but the immigrant visa number is not available due to visa retrogression, or the annual limit Congress places on the number of visas that can be issued, the H-1B holder may extend the visa in three year intervals.
Unlike the previous circumstance, there is no 365-day requirement.
Berd & Klauss, PLLC, a boutique law firm in New York City, offers professional immigration assistance to individuals, families, and businesses. Clients who confide in Berd & Klauss receive close personal attention and are in direct contact with an experienced attorney throughout the entirety of their case.The attorneys are available to address any concerns regarding H-1B extensions or any other aspect of immigration law. For a free consultation visit the firm online or call (212) 461-7152.