Financial District, New York
28 Liberty Street, 6th Floor
New York, NY 10005
(212) 461-7152

The Attorneys at Berd & Klauss Provide Information on Extending H-1B Visas Beyond Six Years January 16, 2014

Financial District, Manhattan
The Attorneys at Berd & Klauss Provide Information on Extending H-1B Visas Beyond Six Years, Manhattan, New York

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.

Other Announcements, Events and Deals from Berd & Klauss, PLLC
USCIS Resumes Premium Processing Service for H-1B Visa Petitions, Manhattan, New York
To catch up on a backlog of pending petitions, immigration law authorities suspended premium processing for most H-1B visa applications. As of March 12, USCIS has resumed this more
A Brief Guide to the EB-5 Visa for International Investors, Manhattan, New York
The EB-5 visa is a unique program designed to give legal status to foreign nationals who wish to invest substantial capital in a U.S. business. The EB-5 provides a pathway for more
FAQ About Immigration & Tax Law, Manhattan, New York
Tax season can be overwhelming for some U.S. citizens, but immigrants often face even more difficulty. Many wonder if they’re subject to higher tax rates, or whether immigration law more
DHS Announces Substantial Changes to the H-1B Lottery Process, Manhattan, New York
Late last year, immigration law authorities proposed a new online registration system for H-1B visa petitions intended to dramatically lower costs and increase efficiency. more
Proposed Rule Changes That May Impact Your H-1B Application, Manhattan, New York
In an effort to decrease the backlog of H-1B visa applications and the workload on USCIS personnel, the Department of Homeland Security is considering a rule change that would more