The H-1B Extension Explained

If you’re working in the United States under an H-1B visa and your current period of stay is ending, an H-1B extension allows you to continue employment without interruption. 

This guide explains eligibility, required documents, filing steps, and how to maintain lawful status during the extension process.

Overview of H-1B status and visa duration

The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign professionals in a specialty occupation, a role that typically requires at least a bachelor’s degree in a specific field. The H-1B is designed for individuals in specialty occupations that require at least a bachelor’s degree, making it accessible to a broad range of professionals, but unlike the O-1A, the H-1B is subject to an annual lottery and a six-year maximum duration, which can make it more competitive and less flexible.

Once approved, your H-1B status is initially valid for up to three years. U.S. Citizenship and Immigration Services (USCIS) may grant extensions for a total of six years, and in some cases, beyond that limit.

Your employer acts as the petitioner, and you are the beneficiary. Maintaining valid H-1B status ensures continuous employment authorization and lawful presence in the United States. The approval notice (Form I-797) issued by USCIS confirms your authorized period of stay and employment terms.

Purpose and legal foundation of the H-1B extension

An H-1B extension allows you to continue working for the same employer or transfer to a new one under H-1B portability rules. The legal framework for extensions beyond six years comes from the American Competitiveness in the Twenty-First Century Act (AC21). This law enables certain H-1B workers with pending green card processes to remain in valid status while waiting for permanent residence.

The Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly oversee compliance. Employers must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS before the expiration date listed on your current approval notice. USCIS adjudicators review each extension petition to confirm eligibility and maintenance of lawful nonimmigrant status.

Eligibility for an H-1B extension

You may qualify to file an H-1B extension request if you fall into one of these categories:

• You are a current H-1B worker continuing with the same employer.
• You are changing employers under H-1B portability.
• You have an approved or pending I-140 petition and are awaiting adjustment of status.
• You are a dependent (H-4 visa holder) extending your stay concurrently with the principal H-1B worker.

To remain eligible, you must maintain valid H-1B employment, avoid unauthorized work, and ensure your employer files the extension petition before your current H-1B status expires.

When and how to file Form I-129 for an extension

Timing considerations

Employers can file an H-1B extension up to six months before the end date of the current H-1B period. Filing early helps prevent gaps in employment authorization. If the extension is filed on time, you may continue working for up to 240 days while the petition is pending. This is known as the 240-day continuation rule.

How to file

1. Prepare Form I-129: The employer completes Form I-129 with supporting evidence.
2. Obtain a certified Labor Condition Application (LCA): The employer must secure an approved LCA from the Department of Labor confirming wage and working condition compliance.
3. Assemble supporting documents: Include proof of continuing employment in a specialty occupation, recent pay stubs, and a copy of your current approval notice.
4. Submit to USCIS: The employer files the complete package with the appropriate service center before the expiration date.

Required documents for an H-1B extension

A complete H-1B extension petition typically includes:

• Certified LCA from the Department of Labor
• Copy of the current approval notice (Form I-797)
• Recent pay statements and an employment verification letter
• Copy of Form I-94 showing lawful admission and current H-1B status
• Passport, prior visa petition copies, and educational credentials
• For dependents: marriage or birth certificates and H-4 extension of stay forms

Filing fees and premium processing options

Employers must pay the standard USCIS filing fees for Form I-129, including the base filing fee, fraud prevention fee, and ACWIA training fee. Payment can be made by check, money order, or credit card using Form G-1450.

Premium processing is available for an additional fee, guaranteeing a decision within 15 calendar days. Either the employer or the employee may pay this fee if faster adjudication is needed. According to USCIS guidance, the H1B extension $100,000 fee introduced by the 2025 proclamation applies only to new petitions, not to renewals.

Processing times and approval notices

Typical processing times for H-1B extensions range from two to six months, depending on the USCIS service center’s workload. After filing, your employer receives a receipt notice confirming acceptance. Once adjudicated, USCIS issues an approval notice (Form I-797) that lists your new validity period and end date.

If USCIS requires additional evidence, they will issue a Request for Evidence (RFE). Responding promptly helps prevent delays. You can track your case status using your receipt number on the USCIS website.

Extending H-1B status beyond six years with an approved I-140

Under AC21 Sections 104(c) and 106(a)-(b), certain H-1B workers can extend status beyond six years. You may qualify if:

• Your I-140 petition is approved, but your adjustment of status cannot be filed because your priority date is not current.
• Your labor certification or immigrant petition was filed at least 365 days before the end of your sixth year.

These provisions allow one-year or three-year increments of H-1B extensions until you become a permanent resident. To maintain eligibility, include documentation of your approved I-140 or pending labor certification with your next extension petition.

Portability and change of employer under H-1B

H-1B portability allows you to begin working for a new employer as soon as they file a new Form I-129 on your behalf. You don’t need to wait for approval to start, provided you maintain a valid current H-1B status. The new role must qualify as a specialty occupation and meet prevailing wage requirements.

This flexibility applies to cap-subject and cap-exempt workers who have already been counted toward the annual H-1B cap. Maintaining lawful visa status during the transition is critical to avoid gaps in authorization.

Common mistakes and RFE triggers

USCIS adjudicators often issue RFEs for the following reasons:

• Late filing after the expiration date
• Missing signatures or incomplete eligibility documentation
• Inconsistent job duties or mismatched LCA details
• Lack of pay records or proof of ongoing H-1B employment
• Submitting to the wrong USCIS service center

Careful review of each extension petition before submission helps prevent delays or denials.

Recent USCIS updates and new rules for H-1B extensions

In September 2025, USCIS implemented new measures under a presidential proclamation requiring a $100,000 fee for new H-1B petitions. This rule does not apply to renewals or extensions. The agency has also begun expanding digital filing options and electronic approval notices to improve transparency.

The Department of Homeland Security and Department of Labor are coordinating to revise prevailing wage levels and prioritize high-skilled workers in future fiscal year lotteries. These new H1B extension rules aim to modernize the system. For official updates, always check uscis.gov.

Maintaining lawful H-1B status during the extension process

To maintain lawful H-1B status while your extension petition is pending:

• Continue working only for your sponsoring employer.
• Avoid international travel until you receive the new approval notice.
• File the extension of stay before your current end date.
• Keep copies of all pay statements and correspondence with USCIS.

Important note: If your extension request is denied, your work authorization ends immediately. You may have up to 60 days, or until your I-94 expires, to file a change of status, depart the U.S., or secure a new sponsor.

For dependents, H-4 extensions must be filed concurrently to maintain lawful status. If you are pursuing adjustment of status, your spouse may apply for an Employment Authorization Document (EAD) to work while waiting for green card approval.

H-1B extensions with an approved I-140

Most H-1B employees file their first extension petition after three years. This renewal typically grants another three-year period, bringing the total to six years. If you have an approved I-140 petition but cannot yet file for adjustment of status, you may qualify for additional extensions beyond six years in one-year or three-year increments. These provisions allow continued H-1B employment while awaiting permanent resident status.

How Lighthouse supports H-1B employees and employers

Lighthouse provides structured support for every stage of the H-1B extension process. Our platform helps employers and H-1B workers prepare compliant Form I-129 filings, track processing times, and manage approval notices. We coordinate with legal partners to review documentation, confirm eligibility, and minimize the risk of RFEs.

We also assist with dependents, change of status filings, and adjustment of status planning for those pursuing permanent resident status. For step-by-step guidance, get started with Lighthouse. 

Frequently asked questions

How long can an H-1B be extended?

You can extend your H-1B for up to six years total, typically in two three-year periods. If your I-140 petition is approved or your labor certification has been pending for at least 365 days, you may qualify for further extensions in one-year or three-year increments under AC21.

What is the 240-day rule for H-1B extensions?

If your employer files before your current H-1B status expires, you can continue working for up to 240 days while the extension petition is pending with USCIS. Once approved, your new approval notice confirms your updated end date and period of stay.

What are the new H-1B extension rules in 2025?

USCIS introduced digital filing options and electronic approval notices to reduce processing times. The $100,000 fee applies only to new petitions, not renewals. Always verify the current guidance on uscis.gov.

How do I extend an H-1B visa?

Your employer files Form I-129 with a certified LCA from the Department of Labor and supporting documentation. Filing early helps maintain continuous work authorization and avoids gaps in nonimmigrant status.

Can H1-B dependents extend their stay?

Yes. H-4 dependents can file extension of stay applications alongside the principal worker’s H-1B extension request. If you have an approved I-140 petition, your spouse may apply for an EAD for employment authorization.

What happens if my extension is denied?

If denied, your work authorization ends immediately. You may file a change of status, depart the country, or have a new employer submit a visa petition if eligible. Lighthouse helps review denial reasons and prepare stronger refilings.

Do I need to leave the U.S. for H-1B extension processing?

No, H-1B extensions are processed while you remain in the United States. However, if you travel internationally during processing, you'll need a valid H-1B visa stamp to return, which requires consular processing at a U.S. embassy or consulate. Lighthouse provides travel guidance during pending petitions.

How does the new $100,000 fee affect H-1B extensions?

The September 2025 presidential proclamation establishing a $100,000 fee applies only to new H-1B petitions, not extensions or renewals of existing H-1B status. Current H-1B employees extending with their employers are not subject to this additional cost. Lighthouse helps clarify fee requirements for your specific situation.