If you are working in the US on an H-1B visa or are preparing to do so, it is crucial to understand the difference between an extension and an amendment. Let's find out.

Thousands of Indian professionals working in the US depend on H-1B visas.  Therefore, having accurate information about visa rules is extremely important. People are often confused about H-1B extensions and H-1B amendments. Sometimes, filling out the wrong form or failing to apply on time can jeopardize your visa status. Let's understand what H-1B extensions and amendments are, the difference between them, and in which situations each application is necessary.

What is an H-1B Extension?

An H-1B extension is filed when a person is already working in the US on an H-1B visa and their visa is about to expire, but there have been no changes to their job terms and conditions.

This means that the employee continues to work for the same company, in the same position, with the same salary, and at the same location; only the visa's validity period is extended. If nothing has changed in your job and only your visa expiration date is approaching, an extension is the correct option. This process allows the employee to legally remain in the US and continue working.

What is an H-1B Amendment?

An H-1B amendment is required when there is a significant change in the job terms and conditions of a person working on an H-1B visa. This essentially means informing the government that a significant change has occurred in your job.

Main Difference Between Extension and Amendment

An H-1B extension is related to time, while an H-1B amendment is related to changes. An extension is filed when everything remains the same and only the visa duration needs to be extended. An amendment is necessary when there has been a significant change in the job terms and conditions. In many cases, employees have to file both an extension and an amendment simultaneously, such as when there's a change in job duties and the visa is also about to expire.

Why Proper Filing is Important

Failure to file the correct application on time can affect your visa status and jeopardize your future eligibility for a Green Card, visa renewal, or permission to remain in the United States.  Therefore, understanding the difference between extensions and amendments is crucial for every H-1B employee.