An H1B extension allows you to continue working in the U.S. beyond the initial duration of your H1B visa. Typically, H1B visas are granted for three years, with the possibility of extending it for an additional three years, bringing the total stay to six years. After six years, the H1B visa holder must leave the U.S. unless certain exceptions apply, such as having a pending green card application.
H1B extensions are typically filed by your employer with the U.S. Citizenship and Immigration Services (USCIS), and they follow a similar process to the initial H1B application. However, since you already hold an H1B status, the extension process tends to be smoother and faster.
Requirements for an H1B Extension
Valid H1B Status
You must be in active H1B status when filing the extension petition. Your H1B must not have expired, and you should not have violated any visa conditions.
Employer Sponsorship
Your current employer must be willing to sponsor the extension and provide the necessary documentation to USCIS.
Timely Filing
The extension request must be filed before your current H1B visa expires to avoid any gaps in employment authorization. If filed on time, you can continue working for up to 240 days while waiting for USCIS approval.
Updated Labor Condition Application (LCA)
An updated LCA must be filed with the DOL to ensure the job continues to meet prevailing wage and working condition requirements.
Continued Eligibility
You must continue working in a specialty occupation that qualifies under the H-1B visa category.
USCIS Processing
Form I-129 must be submitted along with supporting documents, including recent pay stubs, employer support letters, and proof of ongoing employment.
Extensions Beyond 6 Years
If you have a pending PERM labor certification or I-140 (Green Card application), you may be eligible for extensions beyond the 6-year limit in increments of one or three years.
Recapturing Time Spent Outside the U.S.
If you travelled outside the U.S. during your H1B period, you might be able to recapture that time and add it to your total H1B duration.
How to Apply for an H1B Extension
Employer Files LCA:
Your employer submits an updated LCA to the DOL.
File Form I-129:
The employer files Form I-129 requesting an extension with USCIS.
Continue Working (240-Day Rule)
If your extension is filed before your H1B expires, you can continue working for up to 240 days while awaiting USCIS approval.
Receive Approval Notice
Once approved, USCIS issues an I-797 Notice of Action with the new validity period.
Processing Times for H1B visa extension
The processing time for both H1B transfers and extensions varies based on the USCIS service center handling your petition.
Regular Processing: Takes 4-6 months on average.
Premium Processing: Costs $2,805 and guarantees a decision within 15 calendar days.
By understanding the H1B extension process, you can effectively plan your career transitions while ensuring compliance with U.S. immigration laws. If you have a specific case, consulting with an immigration attorney is highly recommended to avoid any potential complications.