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Expired H-1B Visa, How to Renew, Extend, and Stay in the US

By Ella Bergquist May 26, 2020 (Updated December 13, 2020) 2 min. read
Expired H-1B Visa

The H-1B Visa is a very popular visa for foreign workers looking to work in the United States because of its lengthy valid time. The H-1B is initially granted a period of three years to work and live in the United States. When that three years is coming to an end you can apply for an H-1B extension which will give you another three years in the United States. The US allows H-1B holders to be working in the US for a total of six years which includes the extension.

My H-1B Visa is Expiring, What Should I Do?

If your H-1B visa is expiring on its third year then you can apply for the H-1B visa extension which can give you up to another three years to work in the US. Certain applicants from Chile and Singapore can only receive a one-year extension which must be renewed each year.

If you H-1B visa is expiring on its sixth year you may extend it another one year in 1-year increments. In order to stay in the US on an H-1B visa for a 7th year the visa holder must be applying for a green card through the employment-based category.

After H-1B Visa Options to Stay in the US

There are several ways to continue to stay in the United States after your H-1B visa has expired.

1 Year H-1B Extension

The foreign worker can apply for an H-1B extension past 6 years in one-year increments if the visa holder has filed the I-140 365 days before the 6-year expiration date

3 Year H-1B Extension

The foreign worker can apply for a 3 year H-1B visa extension if they have an approved I-140 petition for the EB-1, EB-2, or EB-3 employment-based green cards.

Recapture Time

Many H-1B visa holders will travel internationally for extended periods of time to visit their home countries. The US allows for “recapture” which will allow for an H-1B visa extension. The foreign worker may request an H-1B extension if they have traveled outside the United States during the validity of the visa.

Employment-Based Green Card

If you have worked in the United States and decide you want to make the US your permanent home then you may be able to apply for an Employment-Based Green Card. Your US employer must continue to sponsor you to apply for the Green Card.

Learn more about Employment Based Green Cards.

Apply for Canadian Immigration

If you have work experience in the United States under the H-1B visa you may qualify for another work visa but in Canada! There are several immigration programs in Canada that are similar and just as popular as the H-1B visa in the US. The following are programs you can apply for that will allow you to work in Canada:

Get Help Staying in the United States after Your H-1B Visa Expires

The path towards obtaining a Green Card or H-1B extension is an opportunity not to miss. VisaPlace has experienced staff to help guide you through the process and greatly increase your chances of staying in the US legally. We have helped thousands of individuals to successfully stay in the US and we can help you too!

Book a consultation today with our US immigration professionals to help you stay in the United States!

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Belinda Maraj

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