The H-1B visa allows foreign nationals to live and work in specialty occupations in the US. As the visa renewal process can be complex, this guide from an immigration lawyer aims to detail how to renew H-1B status in 2024 successfully.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today. 

When Should You File for H-1B Renewal?

H-1Bs are valid for up to 3 years initially. The maximum stay is 6 years, unless the Beneficiary has an approved I-140 or the ETA 9089 has been pending for at least 365 days. To continue working, visa holders must renew their status before it expires.

An H-1b renewal can be filed up to 6 months in advance and filing the H-1B renewal application 6 months in advance is recommended. This minimizes any work and travel disruptions.

H-1B Renewal Eligibility Overview

To qualify for H-1B renewal, applicants usually need:

• A valid employer-employee relationship

• A specialty occupation position

• Minimum qualifications for the role

• Able to document their maintenance of status

Additionally, they cannot have violated their immigration status during the last H-1B period. If eligible, USCIS generally approves straightforward H-1B renewals without issue.

The H-1B Visa Renewal Process Step-by-Step

Here’s what to expect when renewing an expiring H-1B:

Confirm Eligibility

Double-check all renewal criteria are met before applying.

Complete Paperwork

The employer must finish all required forms like the I-129 petition, Public Access file, and LCA (along with the required posting and attestations).

Pay the Filing Fees 

Currently the filing fees can be paid by an employer or attorney check or credit card. The filing fee is $460, and there is also an ACWIA training fee of $750 (for companies with less than 26 employees) or $1500 (for companies with more than 25 employees). The training fee is owed for the first two H-1b petitions an employer files for a beneficiary.

Compile Supporting Evidence

Include detailed support letters, licenses, payroll records, immigration history, etc. to complete the application.

Mail the Completed Packet to USCIS

Send the forms, fees, and documents so USCIS receives them before the H-1B expires. 

Get Receipt Notices

USCIS sends receipts with a case number to track status online.

Request Premium Processing (Optional)

For a 15-day turnaround, submit Form I-907 with the $2,500 premium processing fee (increasing to $2,805 on February 26th, 2024)..

Wait for Approval

Check processing times online to estimate when USCIS may decide on the renewal.

Get Approval Notice

If approved, USCIS issues an approval notice with updated H-1B validity details.

Carefully following each step reduces the chances of rejection. An experienced immigration lawyer also minimizes risks.

Common Reasons for H-1B Renewal Denial

While renewal approval odds are high, USCIS may still deny applications sometimes. 5 frequent reasons are:

1. Gaps in the Employer-Employee Relationship may cause a denial. A foreign national generally needs to work for the H-1b employer continuously while on H-1b status in the job that they were approved for. The Beneficiary can request an unpaid leave if needed, but the employer can’t “bench” the H-1b employee. 

2. Substantially Changed Job Duties. The duties must still align with the initial visa approval and classification. If the job duties change substantially, then an H-1b amendment should be filed. 

3. Previously Violated H-1B Status

Violating the terms of H-1B status in the last period can lead to refusal.

4. Problems with Credential Evaluations

Incorrect foreign degree reports undermine specialty occupation qualifications claims.

5. Filing after current the H-1B approval expires, may result in a denial of the H-1b extension.

Avoiding these pitfalls is vital for renewal success. An H-1B visa lawyer minimizes risks.

Frequently Asked H-1B Renewal Questions

Here are 5 common questions about H-1B renewals:

1. Can I Keep Working While Uscis Processes My Renewal?

Yes, provided you filed before H-1B expiration. Your status extends for up to 240 days automatically.

2. Does My Employer Have To File An Amended LCA?

Usually no, if job details like wage rate and location stay the same.

3. Do I Have To Redo My Credential Evaluations?

Only if your qualifications now differ materially from what you initially presented.

4. Can I Include My Dependents?

Yes! Include forms and documents also to renew the dependent H-4 status.

5. Can I Travel Abroad During Renewal?

Yes, if your current H-1B period has not expired yet and you have a valid H-1b visa stamp (except Canadians who don’t need the visa stamp) in your passport. If your current H-1b status has expired, then you will need to wait for the H-1b renewal to be approved before traveling. You may also need to plan on visiting the consulate prior to coming back to the U.S. 

A San Diego immigration lawyer provides guidance to avoid issues.

Typical H-1B Renewal Evidence

USCIS scrutinizes renewals closely. Expect to provide updated:

1. Employment verification letter

2. Educational credentials

3. License documentation

4. Project summaries

5. Performance reviews

6. Payroll records

Having current versions of these commonly requested documents prevents delays. An immigration lawyer helps craft a strong filing.

Premium Processing Considerations

Standard processing takes about 2-6 months now. Premium processing shortens that to 15 days for an extra $2,500 fee (increasing to $2,805 on February 26th, 2024).

The faster turnaround provides assurance for employers and foreign nationals wanting the peace of mind of knowing their case was approved. It can also facilitate international travel.

For relatively straightforward cases, premium processing cuts delays and offers peace of mind that approval won’t get stuck.

Key premium processing perks:

• 15-day turnaround

• Email case updates from USCIS

• Dedicated service channel

Sometimes, premium processing is worth considering or necessary. Other times, it is probably not the best use of your money.

Options if Your Renewal Gets Denied

Although it is rare for a proper petition to get denied, USCIS does make errors, and/or may have a legitimate reason for denying an H-1b renewal application. If this happens you should definitely discuss the situation with an immigration attorney. Some of the possible options include:

• Filing an Appeal

• Requesting Reconsideration

• Refiling the Petition

• Filing a lawsuit in Federal Court

• File a new petition in another category

• Departing the US

An immigration attorney can help navigate denial fallout. In some cases, disputes or secondary petitions overturn the refusal.

Selecting an Immigration Attorney in San Diego, California 

While getting an initial H-1B now poses challenges, renewing an existing one often proceeds smoothly if the criteria are met. Avoid common pitfalls by maintaining qualifications, complying with terms, and properly filing on time. For help steering through intricacies, consult an experienced immigration lawyer so issues do not threaten your status.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today.