Maintenance of H-1B Status
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      1. The White Paper for F1 Students
      2. H-1B
      3. Maintenance of H-1B Status

      H-1B Extension

      This article explains how to apply for an H-1B extension, detailing the application process and restrictions.

      H-1B extension and H-1B visa renewal are different things. If your H-1B status remains unchanged and you need to renew your visa to travel internationally, you need to apply for an "H-1B visa renewal." If you have used H-1B for the initial 3 years and wish to extend your work authorization, you need to apply for an "H-1B extension." After the 6-year period, if your employer has filed an I-140 for you, your H-1B status can be renewed annually.

      Note:

      Maintaining H-1B status is closely tied to your employer and job position. If you stay with the same employer but your role or work location changes, you must submit an "H-1B Amendment" to keep your H-1B status. If you switch employers within the 6-year period, your new employer needs to file an "H-1B Transfer" to ensure your H-1B status remains valid.

      H-1B Extension

      After the initial 3-year period, you must file an "H-1B extension" to maintain your H-1B status, even if you are still working for the same employer in the same position.

      • When to Apply: Up to 6 months before the end of your initial 3-year period. Upon timely submission of an H-1B extension application, your current H-1B can be automatically extended for 240 days. During this period, you can continue working legally while awaiting the outcome of the extension request.

      • Processing Time: USCIS typically takes 4 to 6 months to process H-1B extension applications. If you are in a hurry, you can choose premium processing, which costs $2,805 and guarantees a decision within 15 business days.

      • Required Materials:

      Provided by Employee

      Provided by Employer

      1. Copy of passport with H-1B visa (if applicable)

      2. I-797 Approval Notice issued by USCIS

      3. Form I-94 (with entry and exit dates)

      4. Resume or CV

      5. Proof of Employment (any one of the following): recent 3 pay stubs; past leave of absence letters; letter from employer

      6. Diploma of bachelor's or higher degree

      7. University transcripts

      8. Evaluation of foreign degree (if applicable)

      9. Recommendation letters from previous employers (if available)

      1. Job offer letter, including salary, job description, and job responsibilities

      2. Detailed job description

      3. Company brochure or promotional materials

      4. Copies of financial statements, business plans, or annual reports (if available)

      5. Copies of company policies or company registration documents (if available)

      • How to Apply:

        • Employer completes Public Access File (PAF) and Labor Condition Application (LCA)

      The employer must submit an LCA (Form ETA-9035) to the Department of Labor (DOL) for review. After online submission, the DOL will approve the LCA within 7 business days and submit it to USCIS. Once approved, the LCA will be valid for up to 3 years. Without a valid LCA, the H-1B cannot be approved, so it is essential to handle the LCA carefully.

      The employer must establish a PAF one business day before submitting the LCA. H-1B beneficiaries should be able to view the file.

        • Employee submits Form I-129

      The submission should include the approved LCA, the applicant's signature, payment of application fee, and supporting documents.

       

      H-1B Extension After 6 Years

      H-1B holders can apply for an extension beyond the 6-year limit in one of the following situations:

      • 1-Year Extension: If the H-1B holder has filed a PERM or an I-140 application within 365 days before the H-1B expiration date, and it is still pending, they can apply for a 1-year extension beyond the 6-year limit. In this case, there is no cap on the number of 1-year extensions, as long as the immigration application is still being processed.
      • 3-Year Extension: If the H-1B holder’s I-140 has been approved but they cannot file an I-485 application due to visa retrogression, they can apply for a 3-year extension beyond the 6-year limit. In this case, there is no requirement to file within 365 days prior to the H-1B expiration date.

      In other situations, the H-1B status will expire after 6 years. If you wish to continue working in the U.S. after the 6-year period, you need to change to another status. If you want to use H-1B status again, you must go through the lottery process again.

      Note:

      According to USCIS policy, the 6-year H-1B limit only accounts for the time a foreign worker spends in the U.S. Time spent outside the U.S. does not count toward the 6-year limit and can be "recaptured." To recapture this time, it is essential to keep relevant documentation, such as passport entry stamps, I-94 records, and flight tickets.