Everyone understand the importance of staying in compliance with H1B regulations and making the most out of your time in the United States. One of the biggest concerns for H1B visa holders is what happens after the six-year limit on their visa. In this article, we will cover everything you need to know about extending or transferring your H1B visa after six years.
Overview about i140 case status:
As you may know, the H1B visa is valid for a total of six years. After that, you must either leave the United States or obtain a new visa status. However, there are some options available to extend or transfer your H1B visa after six years.
One option is to apply for an extension beyond the six-year limit if your employer has filed an I-140 petition on your behalf. This is commonly referred to as an H1B extension based on an approved I-140 petition. Another option is to transfer your H1B visa to a new employer who is willing to sponsor your visa.
H1B Extension based on Approved I-140 Petition:
If your employer has filed an I-140 petition on your behalf, you may be eligible for an H1B extension beyond the six-year limit. The I-140 petition is an employment-based immigration petition that is filed with the United States Citizenship and Immigration Services (USCIS).
To be eligible for an H1B extension based on an approved I-140 petition, the following criteria must be met:
- Your employer must have filed an I-140 petition on your behalf
- The I-140 petition must have been approved
- Your priority date must not be current
If you meet these criteria, you can apply for an H1B extension beyond the six-year limit. The maximum extension period is three years, and you can continue to extend your H1B visa in one-year increments until your priority date becomes current.
H1B Transfer:
Another option available to H1B visa holders after six years is to transfer their visa to a new employer who is willing to sponsor their visa. The H1B transfer process is similar to the initial H1B application process, but it does not count towards the six-year limit.
To transfer your H1B visa, you must find a new employer who is willing to sponsor your visa. The new employer must file an H1B petition on your behalf, and you must begin working for the new employer once your petition is approved.
It is important to note that the H1B transfer process can take several months, so it is best to start the process as early as possible. Additionally, if you are nearing the end of your six-year limit, it may be best to apply for an H1B extension based on an approved I-140 petition instead of transferring your visa.
The i140 visa is an employment-based immigration visa that allows foreign nationals to work and reside in the United States. This visa is also known as the employment-based second preference visa (EB2). In this article, we will discuss everything you need to know about the i140 visa, including the i140 petition, requirements, and EB2 category.
What is an i140 Visa?
An i140 visa is an employment-based immigration visa that allows foreign nationals with advanced degrees or exceptional abilities in their field to work and reside in the United States. This visa falls under the employment-based second preference visa (EB2) category, which is reserved for professionals with advanced degrees or exceptional abilities.
The i140 visa is a crucial step in the employment-based immigration process, as it demonstrates to the United States Citizenship and Immigration Services (USCIS) that the foreign national has a job offer from a United States employer and meets the eligibility requirements for the EB2 category.
What is an i140 Petition?
The i140 petition is the application that must be filed with the USCIS to obtain an i140 visa. This petition is filed by the employer on behalf of the foreign national and includes detailed information about the foreign national’s qualifications and the job offer.
The i140 petition must demonstrate that the foreign national meets the eligibility requirements for the EB2 category, including having an advanced degree or exceptional abilities in their field. The petition must also include evidence of the job offer and the employer’s ability to pay the foreign national’s salary.
What is i140 NIW?
The i140 NIW (National Interest Waiver) is a special category of the i140 visa that allows foreign nationals to waive the requirement of a job offer and labor certification. This category is reserved for foreign nationals who have exceptional abilities in their field and whose work is deemed to be in the national interest of the United States.
To be eligible for the i140 NIW, the foreign national must demonstrate that their work is in the national interest of the United States and that they have exceptional abilities in their field. This category is popular among entrepreneurs, scientists, and researchers who may not have a job offer from a United States employer but are making significant contributions to their field.
i140 Visa Requirements:
To be eligible for the i140 visa, the foreign national must meet the following requirements:
- Hold an advanced degree or have exceptional abilities in their field
- Have a job offer from a United States employer
- Meet the requirements for the EB2 category
- Have a labor certification, unless applying for the i140 NIW
In addition, the employer must demonstrate that they have the ability to pay the foreign national’s salary and that the job offer is genuine.
i140 EB2 Category:
The i140 EB2 category is reserved for foreign nationals with advanced degrees or exceptional abilities in their field. This category includes professionals such as doctors, engineers, and scientists who have a master’s degree or higher or who can demonstrate exceptional abilities in their field.
To qualify for the i140 EB2 category, the foreign national must have a job offer from a United States employer and meet the eligibility requirements for the category. The employer must also demonstrate that they have the ability to pay the foreign national’s salary and that the job offer is genuine.
Conclusion:
In summary, there are options available to H1B visa holders after the six-year limit on their visa. One option is to apply for an extension beyond the six-year limit based on an approved I-140 petition. Another option is to transfer your H1B visa to a new employer who is willing to sponsor your visa.
At [Company Name], we are dedicated to helping our clients navigate the complex world of H1B visas and immigration law. If you have any questions about extending or transferring your H1B visa after six years, please contact us for a consultation. We are here to help you every step of the way.