START PREPARING EARLY FOR THE BEST CHANCES OF RENEWAL

Your visa expires in 1 year - What to do today

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.

US visa transitions take an unknown amount of time

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.

12 months aren’t as long as they seem

One year might sound like plenty of time, but here’s the reality:

  1. Processing times are unpredictable. The US immigration system often faces backlogs, so what’s listed as “typical processing time” may not reflect real-time delays or extenuating circumstances on temporary visa renewals.
  2. Preparation eats into your timeline. From collecting evidence to consulting with immigration lawyers, you might need months to ensure everything is ready to submit even if you work with a full legal team.
  3. You risk overstaying extensions and having to leave the US. Extensions and transitions aren’t guaranteed. Even with a strong case, immigration authorities can take time to approve—or question—your petition. Starting early buffers any unexpected hurdles.

The last thing you want is to have to uproot your life due to red tape and bureaucratic delays.

A visa timeline calculator can help

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.

Proactive action = peace of mind

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:

  • Build a strong, well-documented petition.
  • Avoid unnecessary premium processing fees.
  • Navigate challenges, including RFEs, without rushing.

What’s your next step?

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

What kind of evidence strengthens an EB-2 NIW petition?

A strong EB-2 NIW petition must demonstrate that you have the expertise and experience to advance your endeavor and that your work has substantial merit and national importance.

Evidence may include receiving awards, publishing research, holding patents, and having relevant work experience in your field.

Support from employers, investors, or institutions can further strengthen your case. Additional factors include serving as a judge of others' work, holding memberships in prestigious organizations, and being featured in media coverage.

The more solid and well-documented your evidence, the stronger your petition.

What happens if my O-1 employer goes out of business?

You generally lose status once the employment ends, but you may use the 60-day grace period to find a new sponsor and file a new petition. However, since USCIS has started using its discretion to reduce or even eliminate the grace period in some cases it’s more important than ever to act quickly and consult with legal counsel.

Do I need to maintain valid status while applying for a green card?

Yes. Unless you are protected by certain exceptions, you generally must remain in valid status until your green card application is filed.

Falling out of status before filing can make the process more complicated or even impossible.

What is the I-140, and why does it matter after PERM?

The I-140 Immigrant Petition is the second stage of the EB-2/EB-3 green card process.

Once PERM is certified, the employer files the I-140 with USCIS to prove three things:

  1. The worker met every PERM requirement before the PERM was filed.
  2. The job offer is genuine and permanent.
  3. The employer can pay the prevailing wage from the PERM priority date onward. This is known as ability to pay, and USCIS reviews tax returns, annual reports, audited financials, or payroll records to verify it.

If any of these elements is unclear, USCIS may issue an RFE, NOID, or denial.

The I-140 does not replace the PERM; it confirms that the worker and employer both qualify to move forward to the green card stage.

What is the difference between lawful status and unlawful presence?

Lawful status means you are legally in the U.S. under the terms of your visa or green card.

Unlawful presence refers to the time spent in the U.S. without authorization.

Importantly, you can sometimes be out of status but not accruing unlawful presence (for example, while a timely extension is pending).

Other blogs for every step of your visa journey

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