For professionals working in the United States on an H-1B visa, understanding visa rules and updates is essential. Many H-1B employees often confuse extension and amendment processes. While both involve changes to your visa status, they serve different purposes and have different implications.
1. H-1B Visa Extension
An H-1B extension is required when you want to continue working for the same employer beyond the current visa validity.
Key Points:
· The extension allows you to remain employed without leaving the US.
· It does not require changes to your existing job role or location, unless specified.
· Typically, H-1B visas are granted for three years initially, with the possibility of a three-year extension.
· The employer files a Form I-129 petition with the USCIS to request the extension.
When to File:
· It is recommended to apply at least six months before your current visa expires to avoid gaps in employment authorization.
2. H-1B Visa Amendment
An H-1B amendment is required when there is a significant change in your employment conditions.
Examples of When an Amendment Is Needed:
· Change in job location outside the area covered by the original Labor Condition application (LCA).
· Change in job role, designation, or responsibilities.
· Significant salary changes or departmental transfers that alter employment terms.
Key Points:
· Amendments are filed with USCIS via Form I-129 and require a new LCA.
· Until the amendment is approved, you cannot legally work under the new conditions if the change is material.
Why This Matters
· Working without proper extension or amendment can lead to visa violations, fines, or jeopardized future immigration applications.
· Employers and employees must stay updated with USCIS guidelines to maintain lawful status.
Final Thought
Understanding the difference between H-1B extension and amendment is crucial for both employees and employers. While extensions are for continuing employment, amendments are for material changes in job conditions. Staying compliant ensures legal work authorization and smooth immigration processes.
Disclaimer:
The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency, organization, employer, or company. All information provided is for general informational purposes only. While every effort has been made to ensure accuracy, we make no representations or warranties of any kind, express or implied, about the completeness, reliability, or suitability of the information contained herein. Readers are advised to verify facts and seek professional advice where necessary. Any reliance placed on such information is strictly at the reader’s own risk.
click and follow Indiaherald WhatsApp channel