Renew H-1B Visa - Application Process & Required Documents
How do I renew my H1B visa?
To renew an H1B visa, file Form I-129 with USCIS before the current visa expires, providing required documents like your employment verification letter. If approved, attend a visa stamping interview at a U.S. consulate abroad if traveling internationally.
A foreign worker cannot file a petition on his behalf for work opportunities in the United States. An employer is required to submit form 9035 or LCA (Labor Condition Application) to the Department of Labor. An employer has to attest that the foreign worker (beneficiary) will be paid prevailing wages.
It is important to note that only specialty workers can avail of H-1B Visas. An H1B Visa holder should possess a bachelors or its equivalent degree to be eligible for employment in the United States.
The maximum duration for which an H1-B Visa is given is six years. An H1B holder is initially given permission to stay in the United States for three years. After the lapse of three years, an H1B holder can opt for an extension for another three years. Upon completion of six years, an H1B holder can opt for renewal of his H1B status. It is important to note that renewal of H1B Visas is not subject to the prevailing cap vis-a-vis the number of H1B Visas approved every year.
Renewal of H1B Visa
An H1 B Visa can be renewed beyond the maximum duration of six years under sections AC 21 104 C (American Competitiveness in the twenty-first Century Act) and AC 21 106 (a).
- Renewal of H1 B Visas under Sections AC 21 104 C Under Section AC 21 104 C, an H1 Visa holder can apply for renewal of his Visa under the following conditions:
- Employment-based Green Card Petition filed on behalf of an H1B Visa holder under EB1, EB2 or EB3 slots
- Approved I-140 petitions but ineligible to file an Adjustment of Status application for hailing from a country (China or India in most cases) with no current priority date (Visa number is unavailable)
- A dependent of an H1B Visa holder can avail of H4 status after filing a petition on behalf of the principal foreign worker and submission of form I-539, application to change the status of the Visa, supporting documents and fees.
Renewal of H1 B Visas under section AC 21 106 (a).
Under section American Competitiveness in the twenty-first Century Act 21 106 (a), an H1B Visa holder can apply for a renewal under the following conditions:
- Beneficiary of Adjustment of Status application
- Beneficiary of I-140 or Employment-based immigration petition
- Labour certification application was filed 1 year ago
- I-140 or EB Immigration Petition was filed 1 year ago
It is important to note that an H1B Visa holder can get extensions for a period of one year pending decision on the green card.
Form I-129 should be filed by either a current or new employer (petitioner) for initiating the process of Visa renewal for the beneficiary. Dependents can avail of H4 status after filing a petition on behalf of the foreign worker (principal), submission of form I-539, supporting documents and fees.
It is important to note that the spouse of the H1B principal foreign worker cannot extend his or her stay in the United States upon reaching the allotted limit of six years. The spouse can, however, change his or her status to H4 and can continue to live in the United States pending adjudication of the green card.
Documentation Required for H1B Visa Renewal
The following table shows the documents required for renewal for both the employer and the employee
Employer | Foreign Worker |
Offer Letter (Job) with details of job title and remuneration. The offer letter should be signed by both the foreign worker and the employer (copy) | Experience certificates from ex-employers |
Articles of Incorporation (copy) | US Visas |
Brochure of the company (copy) | Form I-94 |
Annual Report (copy) | Diploma certificates, transcripts and Academic Evaluation of Foreign Degree |
Job Profile/Description (detailed) | Resume |
- | Pay slips (latest) |
Also Check: Difference Between Immigrant Visa and Non-Immigrant Visa
How to Apply for H1B Visa Renewal
Follow the steps given below to apply for H1B visa renewal:
Step 1: You need to initiate the visa extension process at least six months before your visa expires.
Step 2: You need to submit Form I-129, Petition for a Nonimmigrant Worker, along with the H supplement and supporting documents, including:
- A letter detailing your position within the company.
- Copies of your university diplomas and transcripts.
- Copies of your passport and I-94 Departure Record.
- Recent paychecks and W-2 forms demonstrating ongoing employment and payment.
- The original Form I-797 approval notice.
Step 3: You need to submit the Labor Condition Application (LCA) from the Department of Labor before filing Form I-129. During this process, you also need to ensure that you are maintaining a valid status in the country. If your visa application is filed on time, you may be allowed to continue working for up to 240 days while USCIS processes the extension.
Do note that if you are planning to travel abroad after your H-1B visa stamp has expired, you will have to obtain a new visa stamp at a U.S. consulate before re-entering the U.S.
FAQs on Renew H1B Visa
- Can I apply for H1B renewal while outside the U.S.?
Yes, you can apply for H1B renewal from outside the U.S. through a U.S. embassy or consulate. Ensure you carry all necessary documents, including the renewed Form I-797 approval notice.
- Is premium processing available for H1B renewal?
Yes, premium processing is available for H1B renewal. By paying an additional fee, you can expedite the process, usually receiving a decision within 15 calendar days.
- For how long is an H1B visa valid?
Initially, an H1B visa is valid for three years, but can be extended up to six years.
- Will I be allowed to work if my H1B visa expires before renewal approval?
If your renewal application is filed before your current visa expires, you can legally continue working for up to 240 days while waiting for USCIS approval.
- Am I allowed to switch employers if my H1B visa is under renewal process?
Yes, you can transfer your H1B visa to a new employer during the renewal process. The new employer must file a petition for an H1B transfer on your behalf.
News on Renew H1B Visa
H-1B Visa Program Reforms Set to Take Effect on 17 January 2025
The U.S. Department of Homeland Security (DHS) will introduce key updates to the H-1B visa program, effective 17 January 2025. These changes are intended to streamline the visa process, provide greater flexibility, and meet the needs of both U.S. employers and foreign workers. A major change includes a clearer definition of speciality occupations, ensuring that non-profit and government research organisations can hire workers without impacting the annual H-1B cap. For F-1 visa holders transitioning to H-1B status, the new regulations will automatically extend work permits, preventing any disruption in employment authorisation. In addition, the processing time for applications will be reduced, particularly for individuals who have previously held H-1B visas. Employers will now need to demonstrate the legitimacy of the positions they are offering, ensuring they meet the qualifications for a speciality occupation. Another important update is the revised Form I-129, which will be mandatory starting January 2025. Applicants must use the updated Form I-129 as older versions will not be accepted after implementation.
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