Navigating the Waters of H1B 7th Year Extension and Relocation
The H1B visa often serves as a golden ticket for professionals looking to pursue their careers in the United States. However, the path to securing this visa, especially when it comes to extensions and changes in employment locations, can be fraught with complexity. In this blog post, we’ll explore the intricacies of the H1B 7th-year extension, particularly focusing on the relocation process and what it means for those already in the midst of an extension approval.
Can You Relocate While Your H1B 7th Year Extension is in Progress?
Imagine you’ve recently received approval for your I-140, a crucial milestone on the road to permanent residency in the U.S. With this approval, you’ve also applied for your H1B extension, along with extensions for your dependents’ H4 visas and H4 EAD (Employment Authorization Document). But then, your employer or client requests that you relocate to a different state. What do you do?
Understanding the H1B Extension Relocation Process
The good news is, it is indeed possible to apply for a Labor Condition Application (LCA) update and location amendment even when your extension for the current location is still being processed. Here’s why:
- LCA Update: The LCA, which is a document that a prospective H1B employer must file with the U.S. Department of Labor, can be updated fairly quickly. The posting of a new LCA typically takes about ten days.
- Premium Processing: If you’ve applied for your H1B extension under premium processing, you might receive approval within 15 calendar days provided there are no requests for evidence (RFEs) issued.
Does Relocating Affect Your Current Extension & EAD Processing?
One of the first questions that comes to mind is whether starting the process of relocating and amending your H1B petition will affect the ongoing extension and EAD processing. The short answer is: it shouldn’t. However, it’s crucial to proceed with this operation meticulously and preferably under the guidance of an experienced immigration attorney. Here are some steps and considerations:
- Filing the New LCA: Your employer should file a new LCA corresponding to your new work location. This is the first critical step.
- H1B Amendment: After the new LCA is certified, an H1B amendment needs to be filed to reflect the change in work location.
It’s important to note that you should not move to the new location until the LCA is approved and the H1B amendment is filed. Premature relocation can lead to compliance issues and potentially jeopardize your visa status.
Process Flow for the Location Amendment
Here’s a straightforward flow to guide you through the process:
- Notification: Inform your employer about the location change requirement as soon as possible.
- Filing of New LCA: Your employer files for a new LCA, relevant to the new location.
- LCA Approval: Wait for the LCA to be approved, which usually takes around ten days.
- H1B Amendment Application: Upon LCA approval, your employer will file an H1B amendment.
- Continue Working: You can generally continue working at your current location while the amendment is being processed.
Important Considerations
While the process might seem straightforward, there are a couple of critical considerations:
- Premium Processing: Utilizing premium processing for your H1B amendment can expedite the process and offers some level of predictability in these often uncertain situations.
- Communication: Open lines of communication with your employer and immigration attorney are crucial. Any misstep or oversight in filing can delay the process or negatively affect your visa status.
Final Thoughts
Moving to a new state while your H1B 7th year extension is underway is not only possible but relatively manageable with the right approach and knowledge. By understanding the necessary steps for the relocation process and working closely with your employer and legal counsel, you can ensure a smooth transition to your new work location without jeopardizing your H1B extension or EAD processing.
Navigating the intricacies of H1B visa regulations can be challenging, but with proper planning and execution, you can maintain your status and continue your professional journey in the United States. Always remember to consult with an immigration expert to guide you through this process and stay abreast of the latest immigration policies and procedures.
This Article In A Nutshell:
Navigating an H1B 7th-year extension and relocation can be complex but manageable. Update your LCA and file an H1B amendment for a smooth transition. Communicate with your employer and consider premium processing. Proper guidance ensures you maintain visa status. Stay informed and seek expert advice for a successful relocation process.
