how attorney file h1b extension

How to apply for an H1B visa extension?

Sep 28, 2021 · Seek advise of the H1B attorney of record for both notice of your personal change of address and the company's obligations due to new work location. H4 continues to need to report change of address, and if attorney of record for H1B also filed H4, he or she will properly advise. The information provided is not to be considered to create an ...

Do you need an attorney to file a H1B visa petition?

The process of applying for an H-1B extension involves going through much the same process as you did originally in applying for the H-1B visa. We describe this process below. Don't Wait Until Current H-1B Status Expires to Seek an Extension. Your employer will need to file for your renewal before, not after, your currently permitted stay expires.

How do I transfer my H1B to a new company?

Jan 17, 2017 · H-1B Visa Extension Options. There are several ways that you can receive an H-1B extension after 3 years: 1-Year H-1B extension; The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date. 3-Year H-1B extension

Is there anything I can do to expedite my H1B petition?

Jan 08, 2018 · These are strictly personal considerations, but if you fall into one of the examples listed, it may be worth paying an attorney to assist you. If you are still looking for a sponsor and job for an H1B visa, please contact us with your questions at any time. attorney, h1b, lawyer. January 8th, 2018; 3

Do I need an attorney to file H-1B?

How much does attorney charge for H-1B?

How do I file an extension for H-1B?

Do lawyers qualify for H-1B?

Can I transfer H-1B immediately after approval?

Who pays for premium processing H-1B?

Can H1B extension be filed online?

When should I file H1B extension?

How long does it take for H1B extension?

How many H-1B applications filed for 2021?

Do law firms sponsor H-1B?

What is the minimum salary for H-1B employee?

How long can I stay on an H visa?

Only two circumstances will make you eligible for more than six years on an H or L visa. The first is if you have an approved preference petition (for a U.S. green card) and are otherwise eligible for adjustment of status but for the unavailability of an immigrant visa due to the waiting period created by per-country limits. In such a situation, you'd want to include a copy of your I-140 approval notice with the extension petition.

Who can interview you before or after approving your extension?

Before or after approving your extension, USCIS has the power to conduct a site visit, and interview you and your supervisors in person, through its Fraud Detection and National Security (FDNS) office.

When to start green card process?

lawful permanent residency, a good time to talk to your employer about starting the green card process is when extending your H-1B status for the second three-year period. That way, you're working on getting your second three years of H-1B status and also starting the green card process to ensure that you'll be able to get more H-1B time beyond the six-year limit in case the green card process takes longer.

Can you get an extension if you are out of status?

Once you're out of status, you are not eligible for an extension unless you can prove: the delay was due to extraordinary circumstances beyond your control. you have not otherwise violated the terms of your H-1B status. you have not been placed into removal (immigration court) proceedings.

Do I need to file an I-129?

As before, your employer will need to file a Form I-129 on your behalf, with the H Supplement and supporting documents. These documents include a letter describing your position within the company, copies of your university diploma (s) and transcript (s), copies of your passport and I-94 Departure Record, paychecks and W-2s to show you've been working and getting paid, and the Form I-797 that USCIS originally issued to approve you for H-1B status.

When does an employer file an extension petition?

The sponsoring employer files the extension petition on time before the expiration of the current status.

How to file an I-129 extension?

Your employer will have to file a Form I-129 on your behalf and submit it with all of the necessary documents. A new Labor Condition Application (LCA) for an extension beyond the initial three-year period must also be submitted by your employer along with the I-129. Keep in mind that the old rule where an employer would be allowed to submit an H-1B extension request with a pending LCA does not apply anymore. Now, your employer must wait and receive the approved LCA from the Department of Labor before filing an I-129 on behalf of an employee.

What happens if USCIS fails to process my petition?

If the USCIS fails to process your petition in the promised time, you will receive a refund of your premium processing fee, and your petition will be processed normally. Keep in mind that the USCIS reserves the right to suspend premium processing for any fiscal year.

What is the first step in a reopening case?

The first is a motion to reopen your case. This is put into effect usually when some new evidence comes up that, if viewed with your case, might change the negative decision. Therefore, you are requesting the evaluating officer to reopen the case and re-examine it with this new information.

When do I need to file an I-140?

Before the final rule, the regulations mandated that the I-140 needed to be submitted 365 days before the end of the 6-year maximum stay. Instead, the Federal Register has amended this to say that the petition must be filed at least 365 days before the beginning of your exemption.

Is the 7th year extension for green cards available?

Unfortunately, this 7th-year extension is limited to persons who are applying for their green cards through the employment-based category; it is not available to persons with pending family-based peti tions.

Do I need an I-140 for an H-4?

However, in order for your H-4 spouse or dependent to get an EAD, you (the H-1B holder) will need to file an I-140 and have it approved by the USCIS.

How to apply for H1B visa?

An immigration attorney who is experienced with H1B visas can be helpful in several ways: 1 Advising the sponsor and worker on the overall process and timeline 2 Managing expectations for selection in the lottery 3 Obtaining the most current prevailing wage for the job and location, and completing the Labor Conditions Application accurately 4 Completing the petition along with all supporting documents 5 Filing the petition with the USCIS 6 Responding to any Requests for Evidence from the USCIS 7 Following up on lottery results and petition review

Does an immigration attorney increase your chances of getting a job?

Note: using an immigration attorney will not improve your chances of being selected in the lottery for jobs subject to the annual cap.

Can a sponsor file an H1B petition?

The short answer is no, since technically your sponsor will be taking care of the petition and application process. However, in some cases it could be helpful for both the foreign worker and sponsor to have legal assistance to prepare and file the H1B visa petition.

What Is H-1B Status

An H-1B visa is a nonimmigrant visa that temporarily allows a foreign national to work in the U.S.

H1B Visa Extension

Under American Competitiveness in the 21st Century Act of 2000 AC21 and the 21st Century Department of Justice Appropriations Act of 2001 DOJ Act, an H-1B employer can file one-year increments of H1B extensions after the completion of six years on H-1B status.

Should I Wait Until Current H-1B Status Expires to Seek Visa Extension?

No, your employer needs to file for your visa renewal before your currently permitted stay expires. Once your H1B status expires, you will be eligible for an extension only if you can prove that:

Can H-1B Visa Status be extended beyond 6 years?

Some H-1B holders who have had a Labor Certification Application LCA pending for more than one year may be able to extend their H-1B visa beyond the 6-year limit.

How to Apply for an Extension of H-1B Visa?

To extend your H-1B visa, your employer must file a Form I-129 on your behalf. With this petition, you need to prepare the H Supplement and some supporting documents. These are the following documents:

H-4 Visa Extension

When the employment-based immigrant petition (I-140) is filed with the USCIS, and you receive visa approval, you need to wait for your priority date to be current, or when immigrant visa number is available. Once your immigrant visa number is available, your H-4 spouse dependent family members can apply for employment authorization.

H-1B Extension Filing Fee and Costs

To receive an H-1B extension, your employer must pay the same fees as the first H-1B visa application was made.

Who handles H1B application?

Since H1B is an employer’s responsibility, the application process better be handled by the employer or their attorney.

What happens if a case is denied for H1B?

If case is H1B extention is denied and you are given conditions to fulfill for proof of projects you can satisfy those and wait for new update on the same case

What happens if USCIS is not sent to the correct person?

USCIS processing centers have an area of processing responsibility. If the application is not sent to the correct one, it causes delays on the best case.

Who determines where to file for USCIS?

But, the answer is determined by USCIS instructions on this page. the employer/attorney determines where to file based on the instructions, but doesn’t get to decide where to file - it isn’t up to the employer or attorney.

Does USCIS move paperwork around?

But…USCIS moves paperwork around depending on their workload. No matter where you send the papers, they may end up someplace else.

How long does it take to get an extension for an H1B visa?

United States Citizenship and Immigration Services (USCIS) allows you to apply for H1B visa extension for 6 months before the expiration. It takes around two to three months by the USCIS for processing the H1B visa petitions.

How long does it take to get an H1B visa?

The typical duration for processing regular H-1B visa can take up to 1 to 6 months. It starts in April and continues until the end of October. October marks the beginning of USCIS’s fiscal year which lasts until September of next year. Foreign employees can start working in October when the petitions are done the processing.

How long before H1B expires?

Ideally, you should apply at least 3 months before your H1B is expiring so that it provides sufficient time for USCIS to process the application. However, there are cases where they take longer than three months.

What is an I-797?

A valid Form I-797 (employment petition) which was issued by the USCIS must be submitted. The form will indicate your current employer and the approved extension of your stay in the USA. You will need your original Form I-94 annotated by the (USCIS) inspector when you were last admitted to the USA.

Who pays H1B visa fees?

According to the law, many of the H1B visa fees in 2018 must be paid by the employer or sponsoring company, with the exception of third party costs related to the petition preparation that may be paid by either the employer or the foreign worker. However, the H-1B petitioners or those changing employers are required to pay the $500 Fraud Prevention & Detection Fee.

Do I need to file an I-129?

Your employer will need to file a Form I-129 on your behalf along with the H Supplement and supporting documents. If you have any spouse or children who also need extensions, then you will need to file the Form I-539 for them. They can all be included in a single form.

Is there a fee for machine readable visa?

There is a required non-refundable fee for each machine readable visa. Payment may be made by bank draft, money order, or corporate check made to the order of the “U.S. Department of State.”. Cash and personal checks are NOT accepted.

How long can I work on an H1B extension?

Ordinarily, if an H1B employer applies for an extension while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

What is an H1B visa?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis.

What is an LCA for H1B?

An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

How many H1B numbers are there?

However, only 58,500 generally are available, as some numbers are set aside specifically for nationals of Chile and Singapore. This does not include the 20,000 additional H1B numbers available to persons who have earned masters’ or higher degrees from certain U.S. institutions of higher education, commonly referred to as the master’s cap.

How long can you be in the US with H1B?

Generally, the maximum period that a worker can be in the U.S. in H1B status is six (6) years, which can be granted in increments of no more than three (3) years at a time.

When will H1B be included in the lottery?

For example, for fiscal year 2019 (FY19), which runs from October 1, 2018 through September 20, 2019, all cap-subject H1B petitions filed from April 2nd through April 6th, 2018, will be included in the lottery, assuming a lottery is needed.

When will USCIS accept cap subject petitions?

In the unlikely event that the cap is not reached by April 6th, meaning that no lottery is needed, the USCIS will continue to accept cap-subject petitions for FY19 until the cap is reached or until the last day of that fiscal year – September 30, 2019, in this example. 7.