Step-by-step Guide on H1B Visa Renewal in the USA

H1B visas are one of the most popular US nonimmigrant work visas. You have gone through a lengthy process and finally got the visa, including employer registration, H1B petition, lottery, and approval. That’s why many holders are looking forward to extending the visa when it expires.

The US Department of State (DOS) has launched a domestic visa renewal program for H1B, allowing eligible foreign employees to renew H1B visas in the USA. This pilot starts from 29 January 2024 to 1 April 2024. During this period, when all slots are filled, it will also stop accepting applications. If you are interested in the program, you are in the right place.

Who Are Eligible for H1B Visa Renewal?

Individuals who meet the following requirements are eligible for domestic H1B visa renewal for the pilot program, otherwise, they need to apply for a visa renewal at a U.S. embassy or consulate overseas.

• Your previous H1B visa is issued by the US embassy/consulate in Canada between January 1, 2020 and April 1, 2023, or by the US embassy/consulate in India between February 1, 2021 and September 30, 2021
• You entered the US with an H1B visa most recently and currently maintaining the status.
• You intend to return to the US in H1B status after a temporary stay outside the country.
• Your passport is valid for at least 6 months and 1 blank page beyond the visa application date, and contains a blank
• You are not required to pay a nonimmigrant visa issuance fee, known as a reciprocity fee which is not available for India, China, Nigeria, or Canada citizenship. 
• There is no “clearance received” note beneath the “Annotation”.
• You are currently residing or living in the United States.
• You were not rejected to apply for other US visas (if any).
• You are not subject to any grounds for visa ineligibility.
• Your 10 fingerprints have been captured by the Department of State at the prior visa application.

H-1B Visa Extension Types

Foreign nationals who wish to remain in the US after 6 years of H1B status get a green card or an employment-based immigrant visa sponsored by their employer. However, there are times when the application is pending while the authorized stay is going to expire. In this case, the H1B workers might be allowed to extend the length of stay for 1 or 3 years.

1-Year H-1B extension

It means applicants leave the United States and the time on H1B status is re-calculated from the date of re-entering the country. Please note that the total extension cannot exceed 3 years. To be eligible for this type of extension, you must prove that the PERM application has been filed 365 days in advance.

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3-Year H-1B extension

It applies to foreign professionals who are waiting for the immigrant visa number after their I-140 petition has been approved. It might take a decade to validate some employment-based visa numbers. This extension type allows the beneficiaries to legally stay within the US instead of leaving the country.

“Recapture” Time

H1B visa holders who have ever traveled outside the US with a valid H1B visa can re-capture the time spent abroad through H1B extension, which means they might be granted an extra duration of stay equal to the days they are absent from the country. The authority will require you to provide the date of entry and return, I-94 copies, and related stamps.

Documentation Required for H1B Visa Renewal

Renewing an H1B visa in the USA requires both the employer and the employee must submit supporting documents, and they have different requirements.

H1B Visa Renewal in USA Requirements for Employees

• A valid passport with a previous H-1B visa stamp.
• I-797 Form, Copy of H1B Approval Notice issued by US Citizenship and Immigration Services (USCIS).
• I-94 Form, Arrival/Departure Record, issued by the Department of Homeland Security (DHS). The departure date must not expire.
• The visa holder’s resume or curriculum vitae (CV).
• Proof of employment, such as payslips, a leave of absence letter, or a letter written by the employer.
• Diploma of bachelor’s degree or higher.
• University transcript.
• Academic evaluation.
• Letters of recommendation from prior employers.
• One recent colored photograph compliant with official specifications.

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H1B Visa Renewal in USA Requirements for Employers

• Copy of the job offer with both the employer’s and the employee’s signature, indicating salary, job title, and responsibilities.
• Copy of job description.
• Company brochures, posters, or any other promoting documents.
• Copy of the company’s most recent financial statement, business plan, or annual report (if applicable).
• Incorporation Articles of Incorporation (if applicable).

How to Renew H1B Visa in the USA

The authority has released or will release application slots on the following dates:

• January 29, 2024
• February 5, 2024 
• February 12, 2024
• February 19, 2024 
• February 26, 2024

Applicants must apply online during each period based on the first-received, first-processed principle. Let’s see how to renew H1B in the USA.

H-1B Visa Renewal Process for Visa Holders

• Visit DOS portal and choose “U.S. – DOMESTIC” for the location where you will be applying for, enter the verification code, and click on “START AN APPLICATION”.

• Check to agree with the “Computer Fraud and Abuse Act Notices” and input the answer to the security question. 

• Fill out Application Form DS-160 which requires personal information, travel information, travel history, contact, work/education/training experience, security and background check.

• Pay $205.00 for the h1b visa renewal fees.
• Submit supporting documents according to the instructions.

H-4 Visa Renewal Process for Spouses

Spouses of H-1B visa holders can live and study in the US with an H4 visa which is tied to the H1B visa status. Here is a step-by-step instruction for H-4 Visa Renewal after H-1B Extension.

• Gather supporting documents, including current H4 visa, passport with at least 6 months of validity, visa photo, marriage certificate, approval notice of the H1B extension, I-129 petition for the spouse who holds an H1B visa, proof of H1B status, Form I-94 of both you and your spouse, and proof of financial support.
• Fill out Form I-539 on US Citizenship and Immigration Services (USCIS) website.
• Pay $370.00 for the renewal fees and include the receipt with your documents. It can be paid by mail with a card, check payable to the U.S. Department of Homeland Security, or money order.
• Mail the application form along with the required documents to USCIS. The filing address depends on the type of receipt number of your H-1B principal spouse’s most recent Form I-797. If it starts with EAC, LIN, or MCT, please send it to USCIS Dallas Lockbox. If it starts with WAC, SRC, or IOE, please send it to USCIS Phoenix Lockbox.

H-1B Extension Processing Time 2024

The regular processing time for H1B extension is estimated to be 2-6 months. It might vary due to the service center you apply from, the number of applications, and the completeness of your submission. The USCIS launched an online tool to track the application status as long as you have received a 13-digit receipt number. 

How to Expedite H1B Visa Renewal Process

If your current H1B visa is about to expire soon beyond the regular processing time, you are supposed to use a premium processing service that will shorten the waiting time to 15 days. Applicants must submit Form I-907 to USCIS and pay an extra premium processing fee of $2,500.

The H-1B Extension 240-Day Rule

The 240-Day Rule aims to grant an additional legal stay to foreign workers whose H1B visa has reached a 6-year limit and whose employer has filed an extension petition. According to this rule, H1B visas can work for the employer for up to 240 days while waiting for the H1B extension. If your petition is approved or refused during this period, the 240-day authorization will end.

What to Do If My H1B Renewal Is Rejected?

Although it is depressing to be denied renewing H1B visa, it does happen sometimes. Here is what you should do if your H1B renewal is rejected.

• Check Why You are Rejected

Learning about common reasons for the rejection helps you adjust your application and we will talk about it later. The authority will explain it in the notice of the final results. If not, you are supposed to contact the USCIS and ask for the reasons.

• Appeal the rejection

If you think it unreasonable to be rejected, you can ask your employer to represent you and appeal. However, it does not guarantee to change the decision. In any case, the USCIS has the final decision on whether your application is approved.

• Refile the Application with the Same Employer

Supposing that the previous renewal application is denied, your employer can file petition again for the same position or a new role. Make sure to avoid the same mistakes as the previous applications and include new evidence to persuade the officer. Please note that if you have changed your position offered by the same employer, a new Labor Condition Application (LCA) is needed.

• Refile the Application with a New Employer

Getting a new job and refiling with a new employer is possible to renew H1B visa. It is suggested to apply through the same position, otherwise, you might have to leave the US and start the application all over.

H1B Extension Denial Reasons

Common reasons include unqualified employers and employees, insufficient documentation, and incomplete, applications.

❎ Unqualified Employers

Employers are required to present proof of their qualifications and strengths, such as financial statements, company brochures, tax receipts, and so on. The authorities might reject the petition if they think the company is unauthentic or incapable of paying the prevailing wage.

❎ Lack of Specialized Knowledge

H1B visas are issued to professional workers with at least a bachelor’s degree (or equivalent), knowledge, and work experience required by the position you are taking. Resumes and recommendation letters will increase the chance of being approved. If you don’t persuade the officer of your specialized knowledge.

❎ Insufficient Proof of Employment

No legitimate relationship between the H1B employees and their employers is considered fraud. The government will turn down your application if you fail to prove that the employment relationship is real.

❎ Payment Failure

Unacceptable payment methods or insufficient balance in your account might lead to unsuccessful payment. Therefore, it is necessary to check your account and make sure the complete amount will be paid.

❎ Violations Of Immigration Law

Any applicants, either the employer or the employee, who have ever violated the immigration laws are not eligible for the extension. As a foreign national, pay attention not to overstay, participate in unauthorized activities, or illegally enter and exit the country.

FAQ

Q1: Can I apply for H-1B renewal outside the US?

A: Yes. The pilot program for domestic H1B visa renewal is not mandatory. All foreign workers can renew it through a US embassy or consulate outside the US.

Q2: How many times can I renew my H-1B visa?

A: There are no set limits on the times. Keep in mind that you can renew it for up to 6 years.

Q3: How long can you stay in the US after H-1B expires?

A: You can renew it and stay for 3 years after the initial H1B expires.

Q4: How to extend H-1B beyond 6 years?

A: It is similar to the original H-1B petition. First of all, the employer should obtain a new LCA from the Department of Labor and submit an extension petition with Form I-129.

Q5: Can I travel while H-1B expires in 2 months?

A: Yes, but you might not be re-enter the US.

Q6: Can I travel to the USA if my H-1B visa expires in 1 month?

A: No until your extension petition is approved and receive an I-797 notice.

Summary

Like any other US visa, the H1B visa should be renewed 6 months before expiration. Only when it is issued by the US embassy or consulate in Canada and India can you renew your H1B visa in the USA. Both the employer and the employee should prepare supporting documents to file the domestic visa renewal for H1B which can be done on the portal of the US Department of State. After your H1B status has reached 6 years and your green card application has been approved, you can apply for an H1B extension. It is suggested to learn about the common reasons for rejection and try to avoid the same mistakes, otherwise, you might not be allowed to legally stay in the US.

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