Step by Step Process for H-1B Extension:
In the earlier section, we have explained about the process to get H-1B approval CAP. This section explains about H-1B extension (also known as H-1B renewal) applied by the employer based on the employment end date of the candidate. Employment End Date will be mentioned either in I-94 or in I-797 approval notice. A candidate in h-1b can work for 6 years and initially, 3 years employment period is issued by USCIS. On or before the completion of 3 years expiry date, employer has to extend the visa. After the completion of 6 years, H-1B can be extended if PERM has been applied/approved and on approved I-140 also. Recruiters should go through this document to get more knowledge on extension.
Step 1: Why H1B extension is needed? For approved H-1B cap petitions, USCIS issues a start date and end date in I-797 approval notice. Candidate works is US with that employer and the employer applies for H1B extension before the expiry date. Otherwise candidate will be in out of status and has to come out of US.
First step: Collect all documents that are needed from the employer, employee.
Step 2: Prepare and file LCA with US Department of Labor (DOL). Within 1 week, DOL will approve.
Step 3: Prepare I-129, I-129W, I-129H, support letter.
Step 4: If it is premium processing, prepare I-907. If attorney files prepares petition, G28 will be signed by the attorney.
Step 5: Write all checks related to the petition. Place all docs in envelope. Mail it to USCIS.
Step 6: Within 15 days, USCIS sends H-1B receipt. USCIS either approves, or denies or sends RFE. When approved, USCIS sends I797 approval notice and start date and exit date are mentioned. Candidate can work with the same employer until that expiry date.
Step by Step Process to get H-1B extension Diagram:
Comparison of documents needed by the employer in H-1B Cap and H-1B Extension:
Assumption: Initially, Employer has hired candidate living outside US, who has a Bachelor’s Degree. After reaching US, candidate is working with the same employer and in the same location and not working on Client site. The following section explains how different documents are needed for H-1B extension.
Step by Step approach to file LCA with US DOL Step by Step Process for H-1B Amendment