In this blog post I will explain the difference between (1) H-1B1 visa validity duration, and (2) period of authorized H-1B1 admission, and how this helps you to "stretch" your H-1B1 visa usage toward the end of your first year on H-1B1 status.
You may have come across inconsistent information regarding a 1-year duration or 18-month duration.
Specifically, you may have noticed that the H-1B1 visa in your passport is valid for 18 months from the date it is issued. Or, if you have never had an H-1B1 visa before, you may have also noticed this based on information provided by the U.S. Embassy in Singapore's website.
On the other hand, the U.S. Immigration and Nationality Act states that the period of admission for an H-1B1 is 1 year. Or, for those of you who have entered on an H-1B1 visa before, you may have also noticed this based on your admission stamp or online I-94 record. (Assuming the immigration officer carries out the inspection and admission process correctly, which is a story for another post).
The key to reconciling this difference is to understand the distinction between (1) visa validity duration and (2) period of authorized admission.
1. Think of the H-1B1 visa inside your passport as your "entry ticket" into the U.S. The validity of this H-1B1 visa/"entry ticket" is 18 months, as set by the U.S. Department of State.
2. Each time you enter on a valid unexpired H-1B1 visa/"entry ticket", you will be admitted for 1 year. This 1-year authorized period of admission is prescribed by the Immigration and Nationality Act.
As you can see, the visa validity duration (point no. 1 above) and authorized period of admission (point no. 2 above) are separate things.
This dichotomy is very useful when your first year on H-1B1 status is about to finish. Recall that, although your H-1B1 authorized period of admission is for 1 year, your H-1B1 visa/"entry ticket" is valid for 18 months. This means that, since your "entry ticket" is still valid for at least 6 more months, you can obtain an additional 1 year of H-1B1 status by leaving the U.S. and entering again close to the end of your first year on H-1B1 status, which effectively "stretches" your H-1B1 time.
Here is an example to illustrate how to "stretch" your H-1B1 visa usage when your first year is almost up:
1. Let's say you have an H-1B1 visa (issued on November 15, 2018, expires 18 months later on May 15, 2020) inside your passport after the Embassy approved it.
2. Next, let's say you enter the U.S. on H-1B1 on December 1, 2018. The officer is supposed to admit you for 1 year of H-1B1 status. Therefore, your admission stamp (or your electronic I-94 record.) expiration date should be November 30, 2019.
3. Before the 1 year is up, you leave the U.S. for a short trip on November 25, 2019 and you return to the U.S. on December 2, 2019. At this time, your H-1B1 visa in your passport hasn't expired yet (in this example, the visa itself expires on May 15, 2020 in accordance with point 1 above), so the officer can admit you for another 1 year of H-1B1 status if your LCA and passport also do not expire by then. Therefore, your new admission stamp (or "I-94" record) expiration date should be December 1, 2020.
Additional things to note:
a. Remember that once your H-1B1 visa inside your passport has expired, you cannot re-enter again; you'll have to go and get a new H-1B1 visa/"entry ticket" in your passport.
b. The strategy in the above example can be used as long as your existing H-1B1 LCA (Labor Condition Application) does not expire before the expiration of your admission period each time.
c. Make sure your current passport does not expire early because the officer cannot let you in for a period longer than the expiration date of your passport.
As you can see from even this simple illustration, there are nuances and complexities involved in the H-1B1 process. Thus, it is always beneficial to work with an experienced H-1B1 immigration attorney so that you and your U.S. employer can utilize the H-1B1 visa correctly and to its fullest extent.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.
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