Foreigners who are seeking employment in the United States usually have H1B visa or visa for non-immigrants that allow them to work in U.S. companies. If you have this visa and it has expired, make sure to renew it if you want to continue working in the country. Feel free to read the following guide to be able to renew your H1B visa after it expires.
Definition of H1B Visa
H1B visa refers to a non-immigrant visa. This one is handed to workers from foreign countries so that they can have a job in the United States for a certain period of time. According to the regulations of this visa, an employer that is based in the United States must file a petition to hire a worker from a foreign country. There is no way for the worker from a foreign country to file a petition by themselves. Bear in mind that the employers have to do a few things, including submitting Form 9035 or Labor Condition Application (LCA) to the Department of Labor and proving that the worker from the foreign country will be paid accordingly.
Apparently, the ones who can use H1B visas are limited to specialty workers. These individuals should have a bachelors or its equivalent degree if they want to work in the United States. At first, they will be able to get permission to work in the country for three years. After that, they can extend it for another three years. After a total of six years, they have a chance to renew the status of their H1B visa.
People Who Are Eligible to Renew H1B Visa
You can renew your H1B visa if:
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- The H1B visa that you had before was issued by the US embassy or consulate in Canada between the first day of January in 2020 and the first day of April in 2023 or by the US embassy or consulate in India between the first day of February in 2021 and the last day of September in 2021.
- You just came to the United States by using a H1B visa and are currently in the process of maintaining its status.
- You have an intention to come back to the United States in H1B status after staying outside the country for a while.
- Your passport has still at least 6 months to expiration date and there is still 1 blank page beyond the visa application date and has a blank.
- You do not have to pay for the reciprocity fee or the fee of a non-immigrant visa insurance which is unavailable for the citizens of Canada, India, China, and Nigeria.
- The “clearance received” note under the “Annotation” is nowhere to be found.
- You currently live in a country outside of the United States.
- Your application for other US visas were not rejected.
- There is no reason for you to not meet the visa requirements.
- The Department of State has captured your 10 fingerprints at the prior visa application.
Types of H1B Visa Extension
There are three types of H1B visa extension, as follows:
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1-Year
It is when you as the applicant leave the United States and the time on H1B status is re-calculated from the date of when you enter the country again. It is worth noting that the total extension should be 3 years or less. If you want to be available for this one, make sure to prove that the PERM application has been filed one year earlier.
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3-Year
If you are a professional from a country outside the United States who is waiting for an immigrant visa number after the approval of your I-140, this type of extension applies to you. This one makes it possible for you to legally stay in the country instead of leaving the country. However, the process of making it valid is pretty long.
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Recapture time
If you are the one with H1B visa who has gone outside the United States with a valid H1B visa, you are allowed to re-capture the time spent outside the country through H1B extension. In other words, it is possible for you to get an extra duration of stay to the days you are outside of the country. To do this, you will be asked by the authority to provide the date of both your entry and return. Apart from that, you will also have to provide I-194 copies and related stamps.
Requirements to Renew H1B Visa
In order to renew H1B visa, it is a must for both the employer and the employee to submit supporting documents, as follows:
For employees:
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- A valid passport that has a previous H1B visa stamp
- Form I-797
- Form I-94 Arrival/Departure Record
- Diploma of bachelor’s degree or above
- Resume or curriculum vitae (CV)
- University transcript
- Academic evaluation
- Evidence of employment (it can be a letter written by the employer, payslips, or a leave of absence letter)
- Letters of recommendation given by previous employers
- The most recent colored photo
For employers:
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- Copy of the job offer that mentions job title, responsibilities, and salary and include the signatures of both the employer and the employee
- Copy of job description
- Documents that promote company, such as posters, brochures, or anything
- Copy of the most recent financial statement, business plan, or annual report that belongs to the company
- Incorporation Articles of Incorporation
Renewing H1B Visa
Here is step by step to follow to be able to renew H1B visa:
For visa holder:
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- Firstly, go to the official website of the U.S. Department of State and go to the page where to apply for H1B visa at https://ceac.state.gov/genniv/.
- When you are there, pick U.S. – DOMESTIC for where you will be applying for the visa.
- Then, enter the verification code.
- After that, click on START AN APPLICATION.
- Do not forget to also check to agree with the Computer Fraud and Abuse Act Notices and enter the answer to the security question.
- Now, fill out Application Form DS-160, the one that requires personal information, contact, work/education/training experience, travel information, travel history, background check and security.
- Next, make a payment of $205.00.
- Lastly, submit supporting documents by following the instructions.
For spouses:
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- The first thing that you have to do is to prepare supporting documents, such as current H4 visa, visa photo, passport that has a minimum of 6 months of validity, certificate of marriage, approval notice of the H1B extension, proof if H1B status, I-129 petition for the spouse who has an H1B visa, Form I-94 of you and your spouse, and proof of financial support.
- Then, fill out Form I-539. This one can be found on the official website of US Citizenship and Immigration Services or USCIS.
- In the next step, you have to make a payment of a total of $370.00. Feel free to make a payment by mail with a card, check payable to the U.S. Department of Homeland Security, or money order. Do not forget to include the receipt with your documents.
- Once you have successfully made a payment, the last thing that you need to do is to send the application form by mail to the USCIS. Make sure to also send required documents to one of the following addresses:
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- Lockbox: USCIS Dallas Lockbox
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U.S. Postal Service: USCIS Attn: H4P.O. Box 660921 Dallas, TX 75266-0921
FedEx, UPS, and HDL deliveries: USCIS Attn: H4 (Box 660921) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003
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- Lockbox: USCIS Phoenix Lockbox
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U.S. Postal Service: USCIS Attn: H-4 P.O. Box 20400 Phoenix, AZ 85036-0400
FedEx, UPS, and HDL deliveries: USCIS Attn: H4 (Box 20400) 2108 E. Elliot Rd. Tempe, AZ 85284-1806
Keep in mind that the address to send it depends on the kind of receipt number of your H1B principal spouse’s most recent For, I-797. You have to send it to the first address if it starts with EAC, LIN, or MCT. On the other hand, if it starts with WAC, SRC, or IOE, please send it to the second address.
Common Reasons Why H1B Visa Extension is Denied
Unfortunately, not every H1B extension is approved. If your H1B visa extension is denied, it might be due to one of the following reasons:
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- The USCIS thinks that the company is unauthentic or incapable of paying salary.
- You do not have a bachelor’s degree or equivalent, knowledge, and or work experience required by the position you are taking.
- You fail to show the proof of your relationship between you and the employer.
- You fail to make a payment.
- You or your employer violate the immigration laws.
Things to Do if Your H1B Renewal is Rejected
In case your H1B visa extension is denied, you are advised to do the following steps:
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- Find out the reason why it is rejected.
- Appeal the rejection if you think that the reason does not make sense.
- Learn from the previous mistakes and then refile the application with the same employer.
- If you have a new employer, you can also refile the application with the new one.
Bottom Line
In conclusion, it is possible for you to renew your H1B visa even though it has expired. First of all, you should check out the requirements and prepare everything. After that, you can follow step by step to renew it as a visa holder or as a spouse. Make sure to follow the guide well to successfully renew it.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
