An H-1B visa is normally issued for the period of
validity of the approved H-1B petition (maximum of
three years). The H-1B visa may be extended for
another three years. Therefore, the H-1B worker is
likely to need a renewal of his visa if he or she
intends to remain in the United States up to the
six-year maximum period of eligible stay. If the H-1B
worker never leaves the U.S. during the six-year
period, a new visa is not required. If, however, the
worker needs to travel abroad after expiration of his
or her original H-1B visa, a new visa must be
obtained in order for the H-1B worker to re-enter the
U.S.
Please note that the H-1B visa must initially be
issued at a consular office abroad. (Therefore, e.g.,
a "change of status" from B-1 or B-2 or F-1 to H-1B
requires the beneficiary to obtain the initial H-1B
visa at a consular office abroad in order to re-enter
the U.S.)
An H-1B worker may have his or her H-1B visa reissued
at the Visa Office of the State Department,
Washington, D.C. The following documents should be
submitted to the Visa Office:
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Passport (valid for at least six months) for the
principal and each family member. The passport
must contain a previous H-1B visa, and that visa
must have no more than 60 days of remaining
validity, nor have expired more than one year
ago. As each visa applicant will receive an
individual visa, the passport must contain an
unmarked page for each U.S. visa that will be
placed in the passport. (For example, if a parent
and two children included in the same passport
will all receive visas, the passport must contain
three unmarked pages.)
-
The original Form I-94, issued when the applicant
last entered the U.S., for the principal and each
family member.
-
Form I-797, the original INS approval notice
which states the applicant's current employer and
shows the approved extension of temporary U.S.
stay.
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Letter of support from the employer. This letter
must describe the nature and function of the
applicant's position, the kind of business, what
it does, why the visa is needed, and a list of
dependents. The letter must be addressed to the
Visa Office, Department of State. H-1B visa
applicants must show an unrelinquished residence
in a foreign country which they have no intention
of abandoning and must indicate when their
temporary work assignment ends.
-
Properly executed, typed Form OF-156,
Nonimmigrant Visa Application, and a
passport-size photo for each visa applicant,
regardless of age. Please spell out the month of
birth (i.e., write January 2, not 1/2 or 2/1).
The Visa Office is notorious for returning
improperly filled out applications without visas.
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If the spouse and/or dependent children are
applying for visas separately from the principal
alien, certified copies of the principal alien's
visa and valid I-94 (front and back) must be
submitted in addition to all other requirements.
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Filing fee (if required of nationals from the
alien's country), in a money order or certified
check, made payable to the Department of State.
The fee varies according to country.
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Separate $45 machine-readable visa (MRV fee) in a
money order, certified check, or corporate check
made payable to the U.S. Department of State. The
$45 fee must be paid for each visa applicant,
even when several of the applicants are included
in the same passport (e.g., a parent and her
children). The fee is additional to any
applicable nonimmigrant visa application fee, and
must be paid separately from that fee. A single
check including both fees will not be accepted.
-
A self-addressed, stamped or pre-paid envelope or
properly prepared courier pack for return of the
passport(s).
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