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Law Offices of Shilpa Malik

4.8 out of 5 stars

Sean Knowles
5 out of 5 stars
posted 4 months ago
Sometimes the naturalization process does not go as smooth as we would like it to go, and you
require the services of an expert to deal with the matter. I searched around to find an attorney
that I felt would be suitable to give me the best representation as this is no doubt a very serious,
and important matter. I searched various sites to get reviews from others on the quality of service
for different attorneys. So many attorneys seemed very interested in obtaining their fees but
sometimes not very interested in the details of my case. I found attorney Shilpa Malik to be very
interested while being objective and detail oriented in her determination of the best path to handle
the case. Additionally, her fees seemed more than reasonable which communicated an interest in
being considerate during such a delicate process. Working with her was a pleasure, always
responding to my emails and open to my concerns during each step of the process. I don't write
as many reviews online as I perhaps should, but I had to share my positive experience as it
meant so much to me. Many thanks to attorney Malik and her team. Continue the excellent work
you are doing.
Read More

Jennifer Ahumada
5 out of 5 stars
posted 1 month ago
My mom and I don't have enough words to thank attorney Malik and Steve for all the help they
gave us throughout my mom's naturalization process.
My mom's case was not easy and we went with 3 attorneys in the past and no one was able to
help her. Until we came across with attorney Malik who was very professional and helpful and
made possible that my mom got her green card . We totally recommend them because they are
very knowledgeable, professional, they answer all of your questions and they'll stay with you until
the end of the process. They do have vocation, which many professionals do not have nowadays
Thank you attorney Malik and Steve for all of your kind help.
Read More
Sakis Kotsantonis
5 out of 5 stars
posted 3 months ago
I had the pleasure to work with Shilpa and Ashley towards a O-1 Visa application. Both Shilpa
and Ashley were very professional and extremely helpful from the first moment. They made sure
that I understand what is expected from me and were always available to respond to any
questions. They showed real dedication, interest and commitment to help me with the application
and I never felt like a 'client'. This is something very important given how stressful these
applications can be for any applicants. Working with individuals that can show emotional empathy
was one of the most important criterion for me to select the right lawyers and they definitely met
and exceeded my expectations.
I would highly recommend Shilpa's practice.
Read More

Oscar Jamal
5 out of 5 stars
posted 3 months ago
I used several lawyers and all went wrong until the day I met this Lawyer, she is in my opinion
one of the best lawyers you can ever use, she knows exactly what she is doing and she stays on
top of your case, since the day we met she did exactly what she planned and we got the Positive
Results, we are so happy with their service and I already referred this Law Firm to many people. I
think a 5 Stars Rating is not enough for them. Tank you always this is something I will never
forget. GREAT JOB. Oscar Jamal
Read More
H1B Visa Extension

The increasingly-popular H-1B visa provides many advantages to those who hold
it. Considering the long process involved with finding an employer, being
selected in the lottery, and then being approved, the H1B visa is very valuable.
For that reason, it is understandable that many people would want to look into
an H1B visa extension or renewal as they find new employment, work toward
their green cards, or simply wish to continue working and living in the United
States.
Under normal circumstances, a foreign national is initially granted a period of
stay of 3 years in H-1B status. When you near the end of that period, you will be
able to apply for an H1B visa extension up to a total of 6 years. An employer,
however, can only request a total of 3 years on any given H petition.

It is important to note that for certain H-1B1 applicants from Chile and
Singapore, the visa is only valid for a one-year period of admission, which can be
renewed each year.
Requirements for H1B Visa Extension beyond 6
years:
Certain H-1B holders who have had a Labor Certification Application (or an
employment-based preference immigration petition if the foreign national has
been able to bypass the labor certification stage) pending for more than 365
days may be able to extend their H-1B visa beyond the 6-year limit, in 1-year
increments. This can continue until the time a final decision is reached on the
pending employment-based permanent residence case.

Unfortunately, this 7th-year extension is limited to persons who are applying for
their green cards through the employment-based category; it is not available to
persons with pending family-based petitions.
Another provision of the current statute permits an H1B extension beyond the
6th year if the H-1B visa holder has filed an employment-based preference
petition but is unable to proceed with adjustment of status to permanent
resident status because of a backlog in priority dates.

Final Rule
On January 17, 2017, the Federal Register implemented a final rule that heavily
affected many working visas including the H-1B. In particular, it made an impact
 on visa holders who are attempting to apply for an H1B extension while working
toward lawful permanent resident status (green card).
When applying for an employment-based green card, your sponsoring employer
must file an I-140 petition. Before the final rule, the regulations mandated that
the I-140 needed to be submitted 365 days before the end of the 6-year
maximum stay. Instead, the Federal Register has amended this to say that the
petition must be filed at least 365 days before the beginning of your exemption.

H1B Renewal Process:

There are several ways that you can receive an H1B extension after 3 years:

 1 year H1B Extension

The foreign professional may apply for an H1B extension past 6 years in one-
year intervals. This can occur if the PERM petition or the I-140 was filed 365
days before the 6-year expiration date.

 3 year H1B Extension

The foreign professional is able to apply for an H1B visa extension status for up
to 3 years if the applicant has an approved I-140 petition for the EB-1, EB-2 or
EB-3 employment-based green card classifications and the immigrant visa
number is unavailable.

This is usually granted so that beneficiaries do not have to return home while
they wait for their priority dates to become current. Because some people must
wait over a decade for an EB-3 immigrant visa number to become available, this
H1B extension can be very helpful.

 “Recapture” Time
Many H-1B holders decide to travel internationally for extended periods of time.
“Recapturing” that time spent abroad is one way to be granted an H1B visa
extension. The foreign professional may request an H1B extension if he/she
traveled outside the United States during the validity of the visa. The applicant is
obligated to submit U.S. entry and return dates, I-94 copies, and related stamps.

Here is an example: If Sue, an H-1B worker, visits her home country of Germany
for a total of two months during her stay in the U.S., she may be eligible for an
H1B extension of two months past the normal 6-year limit provided that she can
give evidence of her departure.

H1B Extension Documents:

In order to apply for an H1B visa extension or renewal, a foreign professional
must provide the following extension documents:
 A valid U.S. passport with the original H1B visa,
 The I-797 approval noticed issued by the USCIS
 I-94 Arrival/Departure form with a departure date that has not yet expired.
 Your resume or curriculum vitae (CV)
 Evidence of employment demonstrated by one of the following:
o 3 previous paychecks
o a leave of absence letter or;
o a letter from employer.
 University bachelor’s or advanced degree
 University transcript
 Academic evaluation
 Letters of recommendation from prior employers
Extension requests are fairly similar to the original H-1B petition package (i.e.
required filing fees, new H forms, new LCA, new employer letter, photocopy of
the H-1B approval notice from the original petition, as well as the other
supporting documents).
However, only 1 copy of each document is required in an extension
petition package. The extension request can be submitted up to 6 months
before the date upon which the H-1B status is due to expire (despite the fact
that the I-129 instructions indicate a 4-month time frame for this).
By law, the timely filing of an extension request automatically “locks in” the
foreign national’s legal status and ability to work for the sponsoring employer for
a period of 240 days beyond the date upon which the H-1B status expires.

H1B Extension Process for Spouses:

Spouses of H-1B holders are eligible to extend their H-4 upon the expiration of
the 6-year limit. This extension is usually granted as long as the H4 holder has
not committed any crimes or violated the regulations of their visa. The extension
should be filed with
However, just because the primary H-1B holder has received an extension, it
does not automatically grant all attached H4 holders extensions as well. It is
important to remember that H-4 recipients must file the I-539 concurrently
with the original H-1B extension application along with proof of the
relationship with the primary H1B holder.
H1B Extension Fees
In order to get your H1B visa extension, your employer will be subject to the
same fees that were involved with the original visa. These include:
 The filing fee for another I-129 petition: $460
 The amended Public Law 114-113 fee (if applicable): $4,000
 The ACWIA fee: $750 or $1,500 depending on whether your employer has more
or less than 25 employees.
 The Fraud Prevention and Detection Fee: $500
 Any optional fees such as
o Premium processing: $1,225
o Attorney fees: You can see our flat fees here.
It is important to remember that your employer is responsible for almost all
required fees. However, the premium processing fee can be paid either by you
or your employer. Speak with an immigration attorney to get a better
understanding of the fees involved with getting an H1B visa extension.
How Our Immigration Lawyers Can Help
Our H1B attorneys are highly skilled in assisting clients with required
documentation for H1B Visa renewal/extension.
Our immigration lawyers specialize in employment-based immigration matters
and can help you determine if you meet the qualifications necessary for the
specific H1B extension. To contact us, simply fill out our contact form to schedule
your consultation.

RELATED H-1B TOPICS

 H-1B Visa
 H-1B Cap Exempt
 H-1B Visa Requirements
 H-1B Visa Documents
 H-1B Annual Cap
 H-1B Visa Stamping
 H-1B Visa Transfer
Visas
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 E-1 & E-2 Investor Visa
 F-1 Student Visa
 H-1B Work Visa
 J-1 Visa
 K-1 Fiancé Visa
 L-1 Visa
 O-1 Visa
 R-1 Religious Visa
 TN Visa
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 EB-4 Religious Workers
 EB-5 Investor Green Card
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 Green Card - Marriage
 Green Card - Family
 Green Card - Lottery
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