How to build a company immigration policy for HR and employers
11 mins read | Jul 21, 2026
START PREPARING EARLY FOR THE BEST CHANCES OF RENEWAL
Contributor
Tukki
Reading time
3 mins read
Date published
Jan 17, 2025
Time flies when you’re having fun, right? But if you’re in the US on a temporary visa, what happens when the clock starts ticking toward the expiration date of your current status?
If you’re within a year of your visa’s expiration, it’s time to act. Here’s when to get started and how to navigate the process.
This isn’t your first visa so you know that changing or extending a temporary visa involves more than filling out forms—though that part can be time-consuming! Visa petitioning is a complex process that requires preparation, documentation, and, often, navigating government processing delays. For example, Requests for Evidence (RFEs) to provide more proof of your eligibility can extend a timeline by weeks or even months.
Depending on the type of visa or US green card you’re transitioning to, you should budget time to meet with your immigration lawyer and gather the necessary evidence to make a strong petition. Letters of recommendation, proof of achievements, and other documentation aren’t built overnight.
One year might sound like plenty of time, but here’s the reality:
The last thing you want is to have to uproot your life due to red tape and bureaucratic delays.
Planning your next steps can feel overwhelming, but that’s where tools like this timeline and visa calculator come in. It’s designed to give you a clear picture of what to expect for your specific visa or US green card process, including how long each step typically takes, verified by US immigration lawyers.
Whether you’re thinking about transitioning to a US green card or extending your current visa, this tool can help you identify when to start and avoid rushing critical steps.
The earlier you start, the more control you’ll have over your immigration journey, especially because a consultation with an immigration lawyer can give you a roadmap for improving your profile, so when it’s time to apply, you’re ready. There are several steps you can take to improve your eligibility, but some can take months—so it’s better to know in advance and plan ahead.
Moreover, waiting too long can lead to last-minute stress, rushed applications, or even gaps in your legal status. By taking action now, you’ll have time to:
If you’re within a year of your visa’s expiration, schedule a consultation with Tukki’s legal team to explore your options, plan your timeline, and get the support you need for a seamless visa transition.
Your future in the US doesn’t have to be uncertain—start early, plan ahead, and choose Tukki’s immigration lawyer to make it a premium experience.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
Is the O-1 visa easier to get than the H-1B?
Not on the eligibility side. The H-1B is harder to win because of the lottery, but the underlying criteria are more accessible: a bachelor's degree, a specialty occupation job, and a willing U.S. employer.
The O-1 has no lottery, but the evidence requirements for extraordinary ability are real and selective, so the bar is higher even though the process is more flexible.
Do software engineers qualify for the O-1A extraordinary ability visa?
Yes. The O-1A visa for software engineers is available to those who demonstrate extraordinary ability in their field.
Senior engineers who have made original contributions (open-source projects, patents, system architectures), earned high compensation, held distinguished roles, or published technical work can qualify by meeting at least 3 of the 8 USCIS criteria. You don't need academic publications or a PhD.
Can I change employers on an H-1B visa?
Yes. Your new employer must file a new Form I-129 H-1B transfer petition before you begin working for them. You do not need to go through the H-1B lottery again.
You can start working for the new employer as soon as the transfer petition is filed, even before it's approved, as long as you were in valid H-1B status.
Can I register an LLC while on an H-1B visa?
Yes, you can form a legal entity like an LLC or corporation while on H-1B status. Forming a company is a passive activity, and there's no immigration rule against it.
But forming the entity and working for it are two different things. You can't perform work for your LLC unless it sponsors your H-1B and the employer-employee relationship requirements are met.
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