H-1B Visa Extension & Renewal: Process, Processing Time, Fees

For foreign professionals with an H-1B visa, securing an extension is crucial to continuing work in the U.S. Initially granted for three years, the H-1B visa can be extended for up to three additional years, totaling six years.

This guide will help you understand the extension process, including eligibility, fees, timelines, and recent updates.

H-1B Visa Extension and Renewal Explained

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 three years. H-1B extension is possible after three years for an additional three years, bringing the total to six years.

Renewal vs Extension

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.

An extension on the other hand allows an H-1B holder to remain in the U.S. beyond the 3-year or 6-year limit without the need to re-enter the lottery. The individual may extend their stay in one-year or three-year increments depending on their circumstances.

How to Extend an H-1B Visa

To extend an H-1B visa, the process involves:

1. The sponsoring employer must submit Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS) before the current visa expires.
2. This extension request must be accompanied by documents proving:
   • The ongoing need for the employee’s role
   • The employee’s maintained eligibility, including proof the employee is still working in the same specialty occupation and evidence the employer continues to require the employee’s services.
   • The job’s specialty nature.
3. If approved, USCIS will issue a new I-797 approval notice.

Need support with H-1B Extensions? File your petition with VisaNation.

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H-1B Extension Processing Times in 2025

The H-1B extension processing time generally averages between four to eight months. However, processing times vary depending on:

• The service center that is handling the case and their caseload.
• If USCIS issues a Request for Evidence (RFE).
• Whether premium processing is used, which shortens processing times to 15 days once USCIS confirms receipt of the request.

For the most up-to-date estimates, use the USCIS Processing Times tool:

1. Select the form you are filing (I-129)
2. Select the category of interest (H-1B extension)
3. Select the field office or service center processing your case.
4. For a better idea of the whole H-1B renewal processing times for your specific case, consult with your immigration attorney.

See our guide to processing times

H-1B Extension Timeline

The timeline provided for the H-1B visa extension process is an estimate based on typical processing times as outlined by USCIS. Processing times can vary depending on individual circumstances. Always consult with an immigration attorney or qualified professional for personalized advice tailored to your specific situation.

Preparation (1-2 months)

• Employer and employee gather necessary documents (labor certification, I-140 approval, pay stubs, passport copies, etc.).
• Employer works with the employee to complete Form I-129 and any supporting documents.
• Labor Condition Application (LCA): Employer files the Labor Condition Application (LCA) with the Department of Labor (DOL) for certification
• Petition Review and Filing: Employer reviews all documents and submits the extension petition to USCIS.

USCIS Processing (4-8 Months)

• After submission, USCIS processes the I-129 petition, which generally takes 4-8 months depending on the service center’s workload.
  • Premium Processing: If chosen, USCIS processes the petition in 15 calendar days (with an additional fee of $2,500).
• Request for Evidence (RFE): If USCIS requests additional documents, it can add one to two months to the processing time.

Decision and Approval

• If the petition is approved, USCIS issues Form I-797 (Notice of Action), granting the extension.
• Employer and employee are notified of the decision. If approved, the employee can continue working under the extended status.

Estimated Timeline Summary:

• Without Premium Processing: Average 5-11 months
• With Premium Processing: Average 2-3 months (if no RFEs or complications arise).

H-1B Extension Fees

To get your H-1B visa extension, your employer will be subject to the same expenses as the original visa. These include:

• The filing fee for another I-129 petition:
  • $780 (more than 25 employees)
  • $460 (less than 25 employees) or a small employer or a nonprofit
• The Public Law 114-113 fee (applicable only if a company has 50+ employees): $4,000
• The ACWIA fee:
  • $750 (less than 25 employees)
  • $1,500 (more than 25 employees)
• The Fraud Prevention and Detection Fee: $500
• Asylum Program Fee:
  • $600 for employers with 26 or more Full-Time Employees (FTEs)
  • $300 for small employers (25 FTEs or less)
  • $0 for nonprofit organizations
• Any optional fees such as:
  • Premium processing: $2,805

See our guide to H-1B fees

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.

Need support with H-1B Extensions? File your petition with VisaNation.

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Can you work while the H-1B Extension is Pending?

During this timeline, employees can continue working even if the initial H-1B visa expires if the employer files the extension before the H-1B visa expiration.

Importantly, if the employer files the H-1B extension petition the full 6 months before the expiration of the current H-1B status, or uses premium processing, the worker likely will not experience a gap in employment due to the 240-day rule, explained below.

H-1B Extension 240-Day Rule Explained

If the H-1B visa validation period expires while the extension petition is pending, the holder can remain in the U.S. and work for up to 240 days.

The 240-Day Rule allows H-1B holders applying for an extension to continue working after visa expiration under specific conditions:

1. The H-1B extension was filed when the H-1B holder had valid H-1B status.
2. The sponsoring employer submitted the petition before the expiration of the valid status.
3. USCIS receives the petition on time.

This authorization ends if the petition is approved (the extension then begins) or denied (work must cease, and the holder must plan for departure or alternatives).

• Status After 240 Days: If neither approval nor denial is received after 240 days, the right to work ends. However, the individual can legally remain in the U.S. waiting for a decision. If approved, work and residence continue legally; if denied, the stay becomes unlawful from the notification date, and immediate departure is necessary.
• Rule Applicability: The 240-day rule applies only to H-1B extensions, not H-1B transfers or amendments. H-1B transfers allow continued work while the decision is pending, even after 240 days.
• Calculating the 240 Days: The count starts from the date after the I-94 expiration date.
• Travel Considerations: Traveling outside the U.S. during this period is risky, as re-entry might be denied until the new H-1B visa is issued. Using premium processing to expedite the petition’s adjudication is advisable if travel is necessary.

H-1B Visa Extension Options

There are several ways that you can receive an H-1B extension after six years:

• One-year H-1B extension – Foreign professionals may apply for a one-year H-1B extension beyond the six-year limit if their PERM labor certification or I-140 petition was filed at least 365 days before the end of their six-year H-1B period.

• Three-year H-1B extension – Foreign professionals can apply for H-1B visa extension status for up to three 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.

H-1B Extensions Beyond Six Years

Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B holders may be eligible for extensions beyond the standard six-year limit in the following cases:

• Section 104(c): If the H-1B holder has an approved I-140 but is unable to adjust status due to per-country visa limits, they may be granted a three-year extension beyond the six-year limit.

• Section 106(a): If the H-1B holder’s labor certification (PERM) or I-140 petition has been pending for at least 365 days, they are eligible for one-year extensions beyond the six-year limit. These one-year extensions can continue as long as the petition remains unadjudicated.

Limitation to Employment-based Green Card Applicants:

The 7th-year H-1B extension is exclusively available to individuals applying for green cards through employment-based categories. This option is not available to applicants pursuing family-based green card petitions.

Extension Due to Backlog in Priority Dates:

If an H-1B holder has filed an employment-based preference petition but cannot adjust status due to priority date backlogs, they can extend their H-1B visa beyond the six-year limit. The extensions are contingent upon the priority date becoming current, and these extensions can continue until the petition reaches adjudication or the priority date becomes available.

“Recapture” Time

Many H-1B holders decide to travel internationally for extended periods. “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.

Example

If Sue, an H-1B worker, visits her home country 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 provide evidence of her departure.

H-1B Renewal Process

• Extension Package Similarity: The extension request package is similar to the original H-1B petition, requiring new H forms, a new LCA, an employer letter, a photocopy of the original H-1B approval notice, and other supporting documents. Only one copy of each document is needed.
• Filing Timeline: The extension can be submitted up to six months before the H-1B status expiration, despite I-129 instructions indicating a 4-month timeframe.
• Form I-129: The employer must file Form I-129 on the employee’s behalf with all necessary documents.
• New LCA Requirement: For extensions beyond the initial three years, a new LCA must be submitted with the I-129. The old rule allowing submission of an H-1B extension with a pending LCA no longer applies. The employer must now wait for the approved LCA from the Department of Labor before filing the I-129.
• Legal Status Extension: By law, a timely filed extension request extends the foreign national’s legal status and ability to work for the sponsoring employer for 240 days beyond the H-1B status expiration date.

Benefits for H-4 Dependents with Approved I-140:

• Spouses and dependents (H-4 holders) can obtain an EAD work permit enabling them to work in the U.S. without restrictions if the H-1B holder has an approved I-140.
• The EAD remains valid until its expiration, even if the H-1B holder changes jobs or the I-140 is withdrawn, but renewal is contingent on having another approved I-140.

H-1B Extension Documents Checklist

To apply for an H-1B visa extension or renewal, a foreign professional must provide the following extension documents:

For Foreign Workers:

• Copy of passport with the original H-1B visa (if any)
• The I-797 approval notice issued by the USCIS
• I-94 Arrival/Departure form with a departure date that has not yet expired
• Your resume or curriculum vitae (CV)
• Evidence of employment demonstrated by one of the following:
  • 3 previous paychecks;
  • a leave of absence letter; or
  • a letter from the employer
• University Bachelor’s or advanced degree Diploma
• University transcript
• Academic evaluation
• Letters of recommendation from prior employers

For Employers:

• Copy of the job offer letter showing the salary offered, job title, and duties signed by both the employer and the H-1B employee
• Job description
• Company brochure or any marketing materials
• Copy of the company’s most recent Financial Statement, Business Plan, or Annual Report, if available
• Copy of the Articles of Incorporation, if available

Extension for Spouses and Dependents

Spouses of H-1B visa holders are eligible to extend their H-4 visa status upon the expiration of the primary holders limit, provided they have adhered to all visa regulations. 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.

 

Spouses of H-1B visa holders can extend their H-4 visa status when the primary H-1B holder applies for an extension, provided they have followed all visa regulations. However, an H-1B extension does not automatically extend H-4 status for dependents—they must apply separately.

To extend their status, H-4 recipients must file Form I-539 along with the H-1B holder’s extension application. Since an H-4 visa’s validity is directly tied to the H-1B holder’s status, any extension or termination of the H-1B visa impacts the H-4 status.

H-1B Spouse Work Permit Extension

For H-4 spouses who wish to work, simply extending H-4 status is not enough—they must also obtain or renew an Employment Authorization Document (EAD). This can be done by filing Form I-765 with USCIS up to 180 days before the current EAD expires. To qualify, they must maintain valid H-4 status and be married to an H-1B holder with an approved I-140.

If you applied to renew your Employment Authorization Document (EAD) by filing Form I-765, you may qualify for an automatic extension of up to 540 days while your application is being processed. You are eligible for this extension if:

• Your Form I-797C, Notice of Action (receipt notice) shows a “Received Date” that is before your current EAD’s expiration date.
• Your receipt notice has a “Received Date” on or after May 4, 2022, or if it was filed before May 4, 2022, but was still pending on that date.
• Your EAD renewal falls under an eligible category for automatic extensions.
• The eligibility category on your current EAD matches the category listed on your Form I-797C receipt notice (with some exceptions).

If you meet these conditions, your work authorization and EAD are automatically extended for up to 540 days while USCIS processes your renewal. Your attorney can assist in determining eligibility for automatic extensions.

When to File an H-1B 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 six 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 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:

• That you have maintained legitimate nonimmigrant status
• That the delay was necessary or outside of your control
• That the amount of time the delay took was within reason
• That you have not violated your status under the H-1B visa
• That you are not in the process of being removed from the U.S.

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 to increase the chances of H-1B extension approval.

H-1B Extension Denial and Next Steps

There is a key distinction between an H-1B extension being denied or 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:

• Specialty Position: Denial may occur if the USCIS doesn’t consider the job a specialty position, especially if there’s been a job change since the original H-1B was granted.
• Employer-Employee Relationship: The employer must have full control over the employee’s employment, including hiring, firing, salary, and day-to-day activities. This is particularly scrutinized in cases involving staffing agencies or self-sponsored companies.
• Visa Status Compliance: Any criminal activity, unauthorized work, or tax evasion can lead to denial.

Post-Denial Options:

• Refiling: Address the issues leading to denial and refile the petition.
• Legal Motion: Seek legal assistance to file a motion to reopen (with new evidence) or reconsider (if the decision was legally incorrect).
• Alternative Visas/Green Card: Explore other visa options like TN, J-1, O-1, and L-1 visas, or green cards like EB-1, EB-2, and EB-3, depending on qualifications.

H-1B Extension 240-Day Rule Explained

The 240-Day Rule allows H-1B holders applying for an extension to continue working under specific conditions:

• 1. The extension petition is filed while the H-1B holder has valid status.
  2. The sponsoring employer submits the petition before the expiration of the current status.
  3. USCIS receives the petition on time.
  4. The H-1B holder continues working for the sponsoring employer.

Work Authorization During Processing

If the H-1B visa validation period expires while the petition is pending, the holder can remain in the U.S. and work for up to 240 days. This authorization ends if the petition is approved (the extension then begins) or denied (work must cease, and the holder must plan for departure or alternatives).

• Status After 240 Days: If neither approval nor denial is received after 240 days, the right to work ends. However, the individual can legally remain in the U.S. waiting for a decision. If approved, work and residence continue legally; if denied, the stay becomes unlawful from the notification date, and immediate departure is necessary.
• Rule Applicability: The 240-day rule applies only to H-1B extensions, not H-1B transfers or amendments. H-1B transfers allow continued work while the decision is pending, even after 240 days.
• Calculating the 240 Days: The count starts from the date after the I-94 expiration date.
• Travel Considerations: Traveling outside the U.S. during this period is risky, as re-entry might be denied until the new H-1B visa is issued. Using premium processing to expedite the petition’s adjudication is advisable if travel is necessary.

How We Can Help You

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.

Frequently Asked Questions

How many times h1b can be extended?

The initial H-1B visa can be extended once for an additional 3 years, totaling six years. However, if the individual is in the process of obtaining a green card (with a pending PERM or approved I-140), they are eligible for 1-year extensions each year while waiting for their priority date to become current.

How soon we can apply for h1b extension​?

You can apply for an H-1B extension up to six months (180 days) before your current H-1B status expires. It is recommended to apply as early as possible within this timeframe to avoid potential processing delays. If your H-1B extension is filed before your current status expires, you can continue working for up to 240 days while waiting for a decision.

Can I travel abroad while my h1b extension is pending?

Yes, you can travel internationally and reenter the U.S. while your H-1B extension is under processing, as long as you have a valid I-797 Approval Notice and a valid H-1B visa.

However, if your current H-1B expires before you return, you may need to wait until the extension is approved to reenter the U.S.

Can I get an H-1B extension after 6 years if my I-140 is approved?

Yes, if your I-140 is approved, you may be eligible for an H-1B extension beyond 6 years in 1-year increments while your green card process is ongoing. This extension can continue until a decision is made on your permanent residency application, as long as your I-140 remains valid and your priority date is not current.