Depending on the circumstances, an H1B Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a lot of rules to consider, and breaking the rules could mean “unlawful presence.” We discuss being laid off or fired while on an H1B visa and what to do here.
The initial term for an H1B Visa is up to 3 years. After the initial 3-year term, an H1B visa may be extended or renewed for one additional 3-year term for a maximum stay of 6 years in H1B visa status. an extension of H1B visa status is obtained the same way as the initial H1B visa, by filing Form I-129 Petition for Alien Worker with USCIS. We review the H-1B Visa extension and renewal process here.