Extending H1B Status
The H1B visa is typically issued for three years. If the department will continue to employ the H1B worker, the department should contact Immigration Services 6 months in advance of the expiration of the current H1B and complete the necessary Nonimmigrant Visa Sponsorship Form (Link). If there have been any changes in job duties, hours, etc., this is a good time to amend the previous status to reflect those changes.
Immigration Services will contact the Employee to request a completed Questionnaire, Updated CV, and travel information. Once all the information and document are received, Immigration Services will file the Labor Condition Applications with the Dept of Labor to support the H1B filing. Upon receipt of the LCA, Immigration Services will proceed to file the Petition to Extend the H-1B with the USCIS.
What does an H1B Extension Cost?
Currently, the cost of extending an employee’s H1B status is $460. If filed six months before the expiration date of the current status, the extension should be granted before the current status expires. Additionally, if the petition to extend is timely filed, the worker is granted an additional 240 days of employment while the extension is pending; therefore, there is no business need to pay an additional $2500 to expedite the extension.
Amending an H1B status
TAMUCC must file an amended H-1B petition with the USCIS if the employee is going to change his/her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or the “area of intended employment listed on the current approved H -1B petition. An area of intended employment means that the area is within a normal commuting distance of the place (address) of employment where the H-1B nonimmigrant is or will be employed. There is no rigid measure of distance that constitutes a normal commuting distance or a normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles).
When an H-1B employees changes their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, then this change may affect the employee’s eligibility for H-1B status and is known as a material change.
Example: An employee working remotely in Calallen or Portland and remains within the normal community distance of the place (address) of employment. However, if an employee whose H1B was filed for employment on the Corpus Christi campus will now work in Houston or in Dallas, or out of state, TAMUCC must file a new Labor Certification and an Amended H1B Petition to reflect the new job location. This should be done before the change takes place.
TAMUCC must file an amended or a new H1B petition if there is a material change in the terms and conditions of employment. This includes a change in the number of hours the H1B will work; a substantial change in job title (SOC Code), or the job duties and/or pay.
Please advise the HR Immigration Services of any such changes before they take place.