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Many people seek H-1B visa extensions or renewals for various reasons. This page explores the H-1B extension process, processing times, news updates, and more. Foreign nationals are initially granted a 3-year H-1B status that can be extended up to a total of 6 years. However, employers can only request a total of 3 years on any given H petition.
The H-1B visa extension and renewal processes are critical components of the U.S. immigration system, allowing U.S. employers to retain foreign workers in specialized occupations. An H-1B visa is typically granted for an initial period of 3 years and can be extended for another 3 years, bringing the total to six years. To extend an H-1B visa, the employer must file a Form I-129 before the current visa expires. This extension request must be accompanied by documents proving the ongoing need for the employee’s role, the employee’s maintained eligibility, and the job’s specialty nature.
In certain cases, extensions beyond the standard 6-year limit are possible under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21). Section 104(c) allows for a three-year extension if the employee has an approved I-140 but cannot adjust to permanent resident status due to per-country visa limits. Section 106(a) offers one-year extensions beyond the six-year cap if the H-1B holder’s labor certification or I-140 petition has been filed and remained unadjudicated for 365 days or more.
Renewal of an H-1B visa, which is different from an extension, involves obtaining a new H-1B visa after the maximum six-year period. This usually requires the individual to leave the United States and then be subject to the annual H-1B cap and lottery process again. However, if the individual has spent time outside the U.S. during their initial H-1B period, they may recapture that time and extend their stay beyond six years without leaving the country.
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition. Contact Us
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
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The regular processing times for the H-1B extension are between 2 and 3 months. However, the processing time depends on which service center is handling it and their caseload. It might take even longer, depending on if RFEs are issued. To get the most up-to-date information, you can check the USCIS Processing Times tool. Select the form you are filing, the category, and then the field office or service center processing it. For a better idea of the H-1B renewal processing times for your case, it’s advisable to consult with your immigration attorney.
There are a couple of scenarios where you can extend your H-1B beyond 6 years:
H-1B Renewal Beyond 6 Years with Pending Labor Certification or Employment-based Petition:
Limitation to Employment-based Green Card Applicants:
Extension Due to Backlog in Priority Dates:
Benefits for H-4 Dependents with Approved I-140:
There are several ways that you can receive an H-1B extension after 3 years:
The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can only occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date.
The foreign professional is able to apply for an H-1B visa extension status for up to 3 years if the applicant has an approved I-140 petition for the EB-1, EB-2, or EB-3 employment-based green card classifications and the immigrant visa number is unavailable.
This is usually granted so that beneficiaries do not have to return home while they wait for their priority dates to become current. Because some people must wait over a decade for an EB-3 immigrant visa number to become available, this H-1B extension can be very helpful.
Many H-1B holders decide to travel internationally for extended periods of time. “Recapturing” that time spent abroad is one way to be granted an H-1B visa extension. The foreign professional may request an H-1B extension if he/she traveled outside the United States during the validity of the visa. The applicant is obligated to submit U.S. entry and return dates, I-94 copies, and related stamps.
Here is an example: If Sue, an H-1B worker, visits her home country of Germany for a total of two months during her stay in the U.S., she may be eligible for an H-1B extension of two months past the normal 6-year limit provided that she can give evidence of her departure.
To apply for an H-1B visa extension or renewal, a foreign professional must provide the following extension documents:
Spouses of H-1B visa holders are eligible to extend their H-4 visa status upon the expiration of the primary holder’s 6-year limit, provided they have adhered to all visa regulations and have not committed any crimes. However, it’s important to note that an extension granted to an H-1B holder does not automatically extend to H-4 dependents.
To secure an extension, H-4 recipients must independently file Form I-539 concurrently with the H-1B holder’s extension application, including proof of their relationship with the primary H-1B holder. The H-4 visa’s validity is linked to the status of the primary H-1B visa holder, meaning that any extension or termination of the H-1B status directly impacts the H-4 status. In addition, H-4 visa holders seeking employment in the U.S. must obtain an EAD, which remains valid as long as the associated H-1B visa is valid. This EAD is contingent upon the H-1B holder filing an I-140 petition and receiving approval from USCIS, a necessary step for the H-4 spouse or dependent to be eligible for work authorization.
In order to get your H-1B visa extension, your employer will be subject to the same fees that were involved with the original visa. These include:
It is important to remember that your employer is responsible for almost all required fees. Please also note that if your employer is paying by credit card, they must also file a Form G-1450, Authorization for Credit Card Transactions. The premium processing fee can be paid either by you or your employer. In this case, your employer must show that you chose to pay the premium processing fee for your own benefit and not for the employer’s benefit. Speak with an immigration attorney to better understand the fees involved with getting an H-1B visa extension.
Just like every other U.S. visa, you must apply for an extension of your H-1B visa before the expiration of your current status. This must be done 6 months before the expiration date indicated on your visa.
It is never a good idea to wait until your H-1B visa is about to expire to file for an extension. If you end up having to file after your visa has expired, you will run the risk of experiencing serious difficulties that could jeopardize your extension approval. If your visa has expired and you are considered “out of status,” you will need to submit evidence of all of the following:
As you can see, proving this will be very difficult and will cost you both time and resources that are better spent elsewhere. It is, therefore, advisable to avoid this route by filing your renewal at the appropriate time.
However, if you find yourself caught out of status before filing for an extension, connect immediately with an immigration attorney to see what steps you need to take next in order to increase the chances of H-1B extension approval.
There’s a key distinction between an H-1B extension being denied and rejected. Rejection often occurs if the petition package is incomplete or incorrect, allowing for refiling with corrections. H-1B denial, however, indicates that the evaluating officer has found the applicant or employer unqualified for the extension.
Common Denial Reasons:
Post-Denial Options:
The 240-Day Rule allows H-1B holders applying for an extension to continue working under specific conditions:
Obtaining an H-1B visa is no small feat, especially when you consider the odds of being selected in the lottery. That’s why you want to treat your hard-earned visa with care. Making any changes such as transfers or extensions is best done with the help of a qualified immigration attorney to help you avoid unnecessary losses in time, effort, and money.
VisaNation Law Group’s H-1B attorneys are highly skilled in assisting clients with required documentation for H-1B visa renewals and extensions. They work with you every step of the way to make sure that everything is done right the first time, and they will fight for you through any obstacle that may arise.
VisaNation Law Group immigration lawyers specialize in employment-based immigration matters and can help you determine if you meet the qualifications necessary for your specific H-1B extension. Book a consultation today with a VisaNation attorney for a comprehensive evaluation of your H-1B extension matter.