How do I extend my H-1B1 with the same employer?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

Singaporeans who wish to continue working for their H-1B1 employer will inevitably face the question of: how can I extend my H-1B1 with the same employer? 

There are two mechanisms for this:

#1.  Apply for a new H-1B1 visa at the U.S. Embassy in Singapore*

#2.  Have your employer file an I-129 petition with USCIS in the U.S. to extend your stay on H-1B1 status

*Prior to the pandemic, some Singaporeans have tried to visit a different U.S. Embassy/Consulate in a different country (e.g. Mexico or Canada) to apply for a new H-1B1 visa.  However, I personally do NOT recommend it because of the following disadvantages: 

(a) After the pandemic, U.S. Consulates in Mexico and Canada would likely prioritize Mexican or Canadian citizens or legal residents over third country nationals like Singaporeans (unless you're also a legal resident of Mexico or Canada), so you would likely face a significantly longer delay, and 

(b) More importantly, should your passport be collected in Mexico or Canada for administrative processing but there is a delay in administrative processing, it puts you in a very difficult position as a Singaporean in a foreign country without your passport.  Practically speaking it is always better to be "stuck" in Singapore without your Singapore passport than in another country. 

I compare Mechanism #1 and Mechanism #2 in the chart below.  

 

	Mechanism #1.  Apply for a new H-1B1 visa at the U.S. Embassy in Singapore	Mechanism #2.  Your H-1B1 Employer timely files an I-129 petition to extend your stay on H-1B1 status
Need to depart the U.S.?	Yes.	No.
USCIS Fees payable?	No.	Yes.   As of Jan 1, 2023, USCIS fees are as follows (subject to change by the government): USCIS I-129 Fee: $460 USCIS ACWIA Fee: $750 (if 25 or less employees) or $1500 (if more than 25 employees)   The above USCIS fees must be paid by the employer
MRV Fees Payable?	Yes. MRV Fee is $205 (previously $190) for the visa application at the Embassy.	Not applicable.
Does it result in a valid H-1B1 visa inside the passport?	Yes.	No.  Therefore, if you subsequently depart the U.S., you are required to obtain a valid H-1B1 visa embossed in your passport through Mechanism #1 in order to enter the U.S. again.
Strictness of adjudication	Generally speaking, the U.S. Embassy in Singapore is more understanding than the USCIS	Generally speaking, the USCIS is much stricter than the U.S. Embassy in Singapore and thus adjudicates your case with a higher degree of scrutiny. In many instances USCIS can issue a “Request for Evidence” which further delays the processing of your case with USCIS.
Waiting/processing time	The waiting time really depends on how swiftly you can obtain an available interview appointment slot in Singapore (which is normally a substantially shorter waiting time compared to USCIS processing times as described in the right column)   The present visa appointment wait time in Singapore is only about 1 week (although in the past, it can be as long as 1 month, but it is overall still substantially shorter than USCIS)	The processing time with USCIS is approximately 2.5 months on average, but can be further delayed if USCIS issues a “Request for Evidence.”   Also note that USCIS currently does not provide for premium processing (expedite) for H-1B1 I-129 petitions.   During the pendency of the I-129 petition containing an extension request with the same employer, you are authorized to continue working for your employer for up to 240 days from your current status end date, or from the date of USCIS’s final decision, whichever is shorter.

 

After comparing the mechanisms, in my view for the purposes of extending your H-1B1 with your existing employer, it is generally easier to apply for a new H-1B1 visa in Singapore.  The U.S. Embassy in Singapore is very accustomed to adjudicating H-1B1 visas for Singaporeans, and is also generally more understanding than the USCIS.  The process in Singapore is also substantially more efficient compared to USCIS.  Furthermore, eligible Singaporeans can take advantage of the current interview waiver process in Singapore involving the Aramex office implemented by the U.S. Embassy in Singapore.  I have written more on the interview waiver process in Singapore here.

Disclaimer:  This blog is for informational purposes only and does not constitute legal advice.