Last Updated on November 14, 2024
Frequently Asked Questions About the H-1B Extension Process
The U.S. issues most H-1B visas with an initial validity of three years and a maximum validity of six years, however, once hired and found employment in the country, many H-1B visa recipients want to stay longer than the initial three-year period or the six-year maximum. Foreign nationals can apply to have their H-1B extended when their visa expires. However, they must meet certain requirements to secure a longer visa extension.
What are the Requirements for an H-1B Extension Past Six Years?
H-1B visa holders who have had a pending I-140 immigrant petition for over a year can extend their H-1B visa’s validity past six years, with subsequent validity periods issued in one-year increments. However, the extension permission only applies to individuals with an employment-based green card in the EB-1, EB-2 or EB-3 category.
What is the H-1B Extension Process?
An H-1B extension resembles the initial application process. The applicant must provide new H forms, a new LCA, a new letter of employment, a photocopy of the original H-1B approval notice, required filing fees and any other supporting documentation. A complete H-1B extension application package requires only one copy of each document. Applicants can file an extension request up to six months before the H-1B visa expires.
The applicant’s employer must file a Form I-129 on their behalf. The employer must also submit a new LCA to request an extension past the initial three-year period. Before filing a Form I-129, the employer must receive an approved LCA from the Department of Labor (DOL).
Applicants and employers may encounter extension processing delays and backlogs. However, filing an extension request on time automatically preserves the H-1B visa holder’s legal status. It allows them to continue working for the same sponsor up to 240 days past the original H-1B visa’s expiration date.
How to Check An Extension Application Status
U.S. Citizenship and Immigration Services (USCIS) has a website where applicants and employers can check case processing times.
Extension Options
The H-1B visa can be extended for one or three years. When their original visa expires, H-1B visa holders can file for a one-year or three-year extension. They can file for a one-year extension if they submit their PERM petition or I-140 one year before the visa’s initial expiration date. A three-year H-1B extension may be requested if the applicant has an approved I-140 petition for an EB-1, EB-2 or EB-3 green card.
Applicants can also file for an extension to “recapture” time spent abroad with an H-1B visa. To request an extension based on time out of the country, the applicant must submit I-94 copies, the dates of departure and return to the U.S. and all relevant stamps.
H-1B Extension Premium Processing
Premium processing is available to expedite an H-1B extension application. USCIS defines premium processing as expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. Generally, premium processing reduces application processing to 15 calendar days. To apply, applicants must file an I-907 form, the processing fee and the I-129 petition. If USCIS does not process the application within the premium processing timeline as stated, the applicant will receive a premium processing fee refund. USCIS will process it as a regular H-1B extension request from there.
What is the Average Extension Processing Time?
The H-1B extension processing time is three to 12 months for regular applications and one to 15 days for premium processing.
When to File an H-1B Extension Application
The H-1B extension request should be filed before the original visa expires. USCIS recommends filing an extension within 45 days of the H-1B visa’s expiration. Individuals who do lose their status must show that they maintained valid nonimmigrant status, the delay was beyond their control, the delay took a reasonable amount of time, the applicant did not violate their status, and that they are not facing deportation from the U.S. Applicants should not wait until the last minute to apply. Otherwise, they risk losing their H-1B status.
Can a Dependent Extend an H-4 visa?
Spouses or dependents of H-1B visa holders may apply for an H-4 visa if they want to join the primary H-1B visa holder in the U.S. The H-1B visa holder’s status determines that of the H-4 visa holder. If the primary applicant’s H-1B visa is extended, the H-4 visa will also be extended. If the H-1B visa’s primary status is adjusted or terminated, the H-4 visa will be affected accordingly.
What if an Extension is Denied?
The U.S. government reviews H-1B applications in two phases. First, the reviewing officer determines whether the applicant’s petition is accurate and complete. Employers and employees risk a rejected extended H-1B visa without the necessary documents and supporting evidence.
An H-1B application can also be denied. There are several common reasons for an application’s denial. If the applicant changes positions with the sponsoring employer after obtaining an H-1B, USCIS may not consider the new position a specialty occupation. The H-1B extension application may also be denied if questions arise regarding employee-employer relationships. A change in the applicant’s visa status, including committing crimes, avoiding taxes, or working without authorization, can be grounds for the petition’s denial.
What is the 240-Day Rule for H-1B Extensions?
Applicants who have reached the six-year limit on their H-1B visa and have applied for an extension through an approved I-140 are still subject to the visa validation period.
H-1B applicants with a pending extension can continue to work if:
- They have a valid status while filing an extension petition
- The sponsor files the extension petition on time before the current H-1B expires
- USCIS receives the extension petition on time before the employee’s status expires
- The H-1B extension applicant continues working for the employer that filed for the expiring status
Check with your immigration service provider for details on filing an H-1B extension application.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
