H1B Visa Renewal in USA: Navigating the Process and Avoiding Pitfalls

H1B visa renewal without traveling outside the USA is going to be available between 29 Jan 2024 to 1 April 2024 within the USA. H4 dependents not eligible.

The visa renewal, form 221g, or denial within the USA have the same rules as they are when you travel outside the US. The major benefit is the ability to keep staying in the USA even if the visa renewal is denied, which is not possible if you apply at the US embassy outside the US.

Renewing your H1B visa in the USA can seem like a daunting task, with various rules and requirements, fees, forms, and the ever-present possibility of denial. But fear not! This blog will equip you with the knowledge and tips you need to approach your renewal confidently.

How to Apply

The application can be submitted for H1B visa renewal within the USA at this DOS website. You will be required to fill out the DS-160 form separately.

1. Fill DS160: Fill DS–160 form online by selecting “U.S.-DOMESTIC” as your location.

2. Fee payment:

   • Fee payment has to be done on the US Travel Docs website (for Indians, this is the website).

   • Create a log-in on the US Travel Docs website if do not have one already.

   • Pay the fee as per the visa.

3. Schedule appointment:

   • Even though visa stamping in the USA does not need any physical interview, the process requires you to schedule an appointment.

   • Select ‘Washington DC‘ as your visa ‘post’ on the US Travel Docs website and then print the appointment letter.

4. Prepaid Courier Label:

   • Three days before the appointment date, you will receive an email containing instructions for the document submission process.

   • The email will include a prepaid courier airway bill that should be carried along with the documents to the FedEx courier office for submission.

   • Once submitted to FedEx, your application will be sent to Washington DC.

5. Passport return: Passports will be returned via FedEx mail in both cases: Visa issued or not issued.

20k slots are being opened in the pilot phase and 4000 slots will be opened on these dates:

• January 29, 2024

• February 5, 12, 19, and 26 (all in 2024)

Out of 4000 slots, 2k will be for previous visas issued in Canada, and the rest 2k for visas issued in India.

The $205 Fee: Not Just a Number

First things first, let's talk about the non-refundable $205 fee associated with filing the Form I-129 petition for H1B extension. This fee covers the USCIS's administrative costs for processing your application. If you are applying for a change of employer alongside your renewal, you'll need to pay an additional $190 fee. Remember, not paying the correct fees can lead to rejection, so pay close attention!

Rules for H1B Visa Renewal

There are certain rules and guidelines that applicants must adhere to when renewing their H1B visa. These include:

• Employment with the same employer: The applicant must continue to work for the same employer who sponsored their initial H1B visa.

• Valid employment offer: The applicant must have a valid employment offer from the sponsoring employer.

• Valid passport: The applicant's passport must be valid for at least six months beyond the requested period of stay in the United States.

• Meet the minimum educational or experience requirements for your occupation

• Non-immigrant intent: The applicant must demonstrate that they have non-immigrant intent and do not intend to permanently reside in the United States.

• No criminal convictions: The applicant must not have any criminal convictions that would render them ineligible for a visa renewal.

Documents required

1. One Photo (2×2) size

2. DS-160

3. Original valid passport (Valid for at least the next 6 months from the date of application)

4. H1B valid unexpired i797 (original or color copy)

5. H1B valid unexpired i94

The document mail address will be shared by DOS online in their portal once you have submitted your application.

You can mail by USPS, UPS, or FedEx as per your choice.

All your documents will be returned to you with your original passport as usual.

Processing Time

The estimated processing time is 6-8 weeks. There is no premium processing available.

DOS plans to finish processing all applications received during the pilot phase by 1 May 2024.

You will be able to check the application status on the CEAC website, as you do when you apply with the US embassy outside the USA

Form 221g:Don't Panic Just Yet

Receiving a Form 221g after your interview doesn't automatically mean your visa is denied. Form 221g is a document issued by the U.S. Consulate or Embassy when additional administrative processing is required for a visa application. If an applicant receives Form 221g during the H1B visa renewal process, it means that their application is put on hold while further information or documentation is requested. Stay calm, gather any additional documents requested, and cooperate with the process.

It is important to respond promptly and provide the requested information to avoid any delays in the processing of the visa renewal application. The specific requirements and instructions will be outlined in the Form 221g.

Possible Denial

While the majority of H1B visa renewal applications are approved, there is always a possibility of denial. Some common reasons for visa denial include:

• Failure to meet renewal requirements: If the applicant does not meet the necessary criteria for visa renewal, their application may be denied.

• Change in circumstances: If there has been a significant change in the applicant's circumstances, such as a change in employer or job role, their application may be denied.

• Failure to provide requested documentation: If the applicant fails to provide the requested documentation or information in a timely manner, their application may be denied.

• Past visa violations: If the applicant has previously violated the terms of their visa or engaged in any fraudulent activities, their application may be denied.

In the event of a visa denial, it is advisable to consult us to understand the reasons for the denial and explore any available options for appeal or reapplication.

Beyond the Basics: Pro Tips for a Smooth Renewal:

• Start Early: Don't wait until the last minute. Initiate the renewal process 4-6 months before your visa expires.

• Accuracy is Key: Double-check all information on your application forms. Mistakes can lead to delays or denials.

• Gather Supporting Documents: Collect everything needed to prove your eligibility, including employment contracts, pay stubs, and degree certificates.

• Seek Professional Help: Consider consulting an experienced immigration lawyer to navigate the complexities and maximize your chances of success.

Conclusion

Renewing an H1B visa in the United States requires careful attention to the rules and requirements set forth by the USCIS. Understanding the $205 fee, Form 221g, and the potential for visa denial is crucial for a successful renewal process. By adhering to the guidelines and providing the necessary documentation, applicants can increase their chances of a smooth and successful H1B visa renewal. If you need assistance, Amrita Jaiswal & Associates is here to help you.