When To File An H-1B Extension

H1B Visa

It is never a good idea to wait until your H-1B visa is about to expire to file for an extension. If you end up having to file after your visa has expired, you will run the risk of experiencing serious difficulties that could jeopardize your extension approval. Check for H1B Visa Process in UT Evaluators.

If your visa has expired and you are considered “out of status”, you will need to submit evidence of all of the following:

A. That you have maintained legitimate nonimmigrant status

B. That the delay was necessary or outside of your control

C. That the amount of time the delay took was within reason

D. That you have not violated your status under the H-1B visa

E. That you are not in the process of being removed from the U.S.

If you find yourself caught out of status before filing for an extension, connect immediately with an immigration attorney to see what steps you need to take next in order to increase the chances of H-1B extension approval.

H-4 Visa Extension

If you are planning on bringing a spouse or dependent with you to the U.S. while you are under an H-1B visa, you can have them apply for an H-4 visa. To know more details on H1B Visa check Byteintobigdata

This secondary visa would be tied to your own visa status, meaning that if you get an H-1B extension, so will your H-4 visa spouse or dependent. On the other hand, if your status is revoked or otherwise terminated, so is theirs.

Additionally, if the H-4 visa holder would like to work in the U.S., they will need to obtain Employment Authorization Documents (EAD). In the same way, the EAD will be valid for as long as the H-1B visa is valid and any extensions will also be applied to the EAD.

However, in order for your H-4 spouse or dependent to get an EAD, you (the H-1B holder) will need to file an I-140 and have it approved by the USCIS.

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