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
Contact VisaPlace today. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.
Ready for the next step? Book your 1 on 1 consultation now or call us at (855) 620-3529.
Have a Question related to your Immigration Needs?
Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.
The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.
VisaPlace Immigration News Contributor
Ella Bergquist
Hello! I am one of VisaPlace's many immigration news contributors. Comment below if you have any questions or comments about this article.
