The following article will cover:
- Timelines for work visa extensions in the United States.
- Work eligibility while work visa extension is being processed.
- Options if work visa extension is denied or not approved.
Can I Extend My Work Visa In The United States? And Can All Work Visas Be Extended?
Yes, you can extend your work visa in the United States, and generally, all work visas can be extended, provided there have been no criminal charges or significant changes in your circumstances.
How Do I Apply For An Extension Of My Work Visa In The United States?
To apply for a work visa extension, your employer must submit Form I-129 to the United States Citizenship and Immigration Services (USCIS). This process is applicable for visas like H1B or H2B, which require employer certification from the Department of Labor. The application must be submitted before your current visa expires.
How Far In Advance Should I Apply For An Extension Of My Work Visa?
It is advisable to apply for a work visa extension three to four months in advance. While processing times have improved compared to the COVID-19 period, it is still a good practice to allow sufficient time for processing.
Can I Still Apply To Extend My Work Visa If It Has Recently Expired?
Yes, you can apply for an extension after your work visa has expired. However, you must provide a valid reason explaining why you or your employer did not apply for the extension in a timely manner.
Can I Work While My Work Visa Extension Is Being Processed?
Yes, you can continue to work as long as your work visa extension application was submitted on time.
Can I Change Employers While My Work Visa Extension Is Being Processed?
No, you should not voluntarily change employers while your work visa extension is being processed. If you lose your job involuntarily, that is a different situation.
What Happens If My Work Visa Extension Is Denied?
If your work visa extension is denied, you have two options:
- File an appeal.
- File a motion to reconsider.
If your motion to reconsider is denied, you can appeal that decision.
Can I Apply For A Different Type Of Visa If My Current Visa Extension Is Denied?
In most cases, you can apply for a different type of visa if your current visa extension is denied. However, your eligibility may depend on the reasons for the denial of your visa extension.
For more information on the Extension Of Work Visas To The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (662) 672-6663 today.