
Many H-1B beneficiaries are understandably confused and frustrated when their H-1B petition is approved for just one year, especially when they have three or more years left in H-1B status, or when they have an approved I-140 petition that allows them to extend the H-1B status beyond the sixth year.
Why is this?
There are multiple factors that can affect the duration of the H-1B validity.
I personally have never been in H-1B status, but I have worked with enough thousands of H-1B employees and their employers to know well that having only a one year petition validity is very, very frustrating and inconvenient. It affects driver's license renewals, work authorization, the duration of an H-1B visa for returning to the US after international travel, it is more expensive to have to renew yearly, etc. However, USCIS will look at both issues - the amount of time the beneficiary is eligible for, and the duration of the project they will work on. Both factors are considered in determining the duration of the H-1B validity period, and unfortunately there is not much we as attorneys, employers, and employees can do to change that. The best way to address this challenge is to try to make sure that the work orders/end client letters state as long a project duration as is possible (and truthful), and to file extensions early to avoid delays with driver's license renewals, etc.
Do you need assistance with a family-based or employment-based immigration matter? Please contact our office to learn how we can help. Call us at 804-396-3412 or email at info@sumnerimmigration.com. We look forward to hearing from you!
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