The original H-1B visa is good for 3 years. The visa may then be extended for an additional 3 years. To obtain an extension Buffer must file a new Form I-129 and submit additional filing fees.

To extend the period for which a nonimmigrant employee was admitted, an employer must file a new Form I-129 petition for the employee. The Form I-129 is filed as a part of the H-1B extension. Generally, the employee may continue working for the same employer for up to 240 days or until USCIS makes a decision on the petition, whichever is sooner.

Form I-9: The employer should write “240-Day Ext.” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2. To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer retain the following documents with the employee’s existing Form I-9:

· A copy of the new Form I-129

· Proof of payment for filing a new Form I-129 (the H-1B Receipt Notice serves as proof of payment)

· Evidence that you mailed the new Form I-129 to USCIS

· Employers must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.

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Note: H-1B worker leaves the U.S. while the H-1B extension is pending and within the 240 Day Rule, they will most likely have to wait outside the United States for the extension itself to be approved. The 240 Day Rule should not be relied upon to guarantee the worker’s reentry to the U.S. The worker should stay in the U.S. while the extension is pending.

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