For many, getting the opportunity to work in the United States can be a dream come true. Not only does this provide the opportunity to expand your professional network, but it can also be a gateway to permanent, legal residence. However, if your work visa is about to expire, understanding how to renew and what happens if your renewal is denied is critical. The following blog explores what you should know about these legal matters, including the importance of connecting with Fairfax County work visa lawyers to guide you through these complicated matters and fight for the best possible outcome for your circumstances.
How Do I Renew a Work Visa Before It Expires?
As most work visas in the United States are only valid for three years, you may wonder what you can do if your visa is about to expire, but you wish to continue working in the United States. Generally, the most important thing to do is seek an extension.
Your employer must file Form I-129, which includes supporting documentation, like pay stubs, your employment letter, and proof of continued eligibility to remain in the U.S. on the work visa you currently hold.
It’s critical to understand that you must seek a renewal or extension of your visa prior to its expiration. Failure to seek a renewal prior to the expiration of your current visa can result in unlawful presence in the country, which can make it difficult to immigrate at a later date. However, if you’ve filed your extension or renewal application prior to the expiration date, you may remain in the United States while it’s pending.
Can I Continue to Work While My Renewal Is Pending?
In some instances, certain work visas allow you the opportunity to continue working while the application is pending. This includes H-1B, L-1, and O-1 visas. However, your employer must file for an extension on your visa prior to its expiration date. So long as the application is filed before your visa expires, you may continue working for 240 days while your application is reviewed by USCIS. This allows you the opportunity to continue working without violating federal immigration laws.
You should note that in the event your visa extension or renewal is denied while working, you must immediately cease work activities and prepare to leave the country, as your work authorization will be withdrawn. However, you can appeal the decision if you believe there was a clerical or legal error that resulted in the denial of your extension.
If you are in the United States on a work visa, taking the necessary steps to apply for a renewal or extension of your visa is critical. Unfortunately, this process can be complicated and overwhelming to navigate, which is why working with an experienced employment immigration attorney is in your best interest.
At Goel & Anderson, our team understands how difficult these matters can be to navigate and the impact that errors can have on your future. That is why our team is here to guide you through this process so you can fight for the best possible outcome. Contact us today to learn more.
