Extending an H1B visa is not automatic. To continue your career and life in the US as an H1B visa holder without disruption, you may need to renew your status under the H1B extension process. However – this requires planning, precise timing, employer sponsorship and compliance with strict visa requirements.

To remain in the US legally, the extension petition must be filed before the visa expires. If the same employer is sponsoring your extension, the process is usually relatively straightforward, provided the role remains a specialty occupation and your salary meets the prevailing wage. If you’re switching to a new employer, the H1B portability rules allow you to start working as soon as your new H1B petition is filed, but USCIS approval is still required.

The following practical guide for H1B visa-holders examines how to go about extending H1B status using the H1B visa renewal process. We also consider look briefly at switching from H1B status to an employment-based green card.

 

H1B extension rules & limits

 

If you are currently working in a specialty occupation role in the United States under H1B classification, your visa is temporary, meaning it does not provide permanent residence. The initial validity period of an H1B visa is up to three years, but it can be extended for an additional three years, allowing for a maximum stay of six years.

Under the American Competitiveness in the Twenty-First Century Act (AC21), certain H1B visa holders may qualify for extensions beyond six years if they have an approved I-140 employment-based green card petition or a PERM Labor Certification filed at least 365 days before the six-year cap.

If you are a fashion model of distinguished merit or ability under H1B3 status, the extension rules are similar. The initial period is up to three years, and the total stay, including extensions, cannot exceed six years. However, extensions will depend on continued qualifying employment and contractual commitments.

For H1B2 visa holders—those working on Department of Defence (DOD) cooperative research and development projects—the rules differ slightly. The initial validity period is up to five years, and the visa can be extended for a maximum of ten years.

 

Key changes effective January 17, 2025

 

Under the Deference Policy for Extensions, USCIS will generally approve H1B extensions if they involve the same employer, job role, and underlying case facts as the original petition. However, if there is a material change in job responsibilities, new information affecting eligibility, or an error in the previous approval, USCIS may conduct a more thorough review before granting an extension.

For F-1 students transitioning to H1B status, USCIS has expanded Cap-Gap Extensions to prevent employment gaps. This allows students whose OPT (Optional Practical Training) is expiring to continue working while their H1B petition is being processed, ensuring uninterrupted employment during the transition to work visa status.

Changes to Cap-Exempt Employer Eligibility have also been introduced. More organizations, particularly those involved in research or education, now qualify as cap-exempt employers. This means they can file H1B petitions at any time without being subject to the annual H1B cap and lottery process, benefiting visa holders who work for universities, nonprofit research institutions, or affiliated organizations.

USCIS has also introduced new rules for Beneficiary-Owned Businesses. H1B visa holders who own or have a controlling interest in a company can now sponsor themselves for an H1B petition, provided they meet all USCIS criteria. However, these petitions will be granted with an initial validity of 18 months, rather than the usual three years, and the first extension will also be limited to 18 months.

In addition, USCIS has provided clarification on specialty occupations. The agency has reinforced that the degree required for an H1B role must be directly related to the job duties. This means that general degrees without a clear connection to the occupation may not qualify for an H1B petition. Employers must ensure that the job role and degree requirements align to meet USCIS standards.

With these new policies in place, the H1B extension process remains an essential option for those looking to continue working in the US. However, applicants must ensure that their petitions comply with the latest regulations to avoid processing delays or denials. Understanding sponsorship requirements, job eligibility, and long-term career options, such as green card sponsorship, is crucial for maintaining lawful status and securing continued employment in the US.

 

H1B extension requirements

 

If you are looking to stay in H1B classification beyond the initial period of validity of your visa, you will need to meet the requirements for extending H1B status. This could be where you are employed as an H1B temporary worker and your current authorisation will expire before your job role with your existing employer is expected to end. It could also be where you are looking to switch employers into a new job role under the portability provisions, or change employment terms but stay with the same employer, although any extension of stay in this context will still be subject to the maximum limits for your H1B visa type.

 

Extending H1B status with an existing employer

 

If you are currently in valid H1B status and will remain employed in a specialty occupation or other qualifying job role with your existing employer, you should be eligible for a visa extension. However, there are key requirements that must still be met, including:

 

• That you apply prior to expiry of your existing H1B visa, where overstaying may make you ineligible for an H1B visa renewal.
• That you have not reached the maximum limits for extending H1B status.

 

 

Extending H1B status with a new employer

 

If you are currently in valid H1B status but wish to switch to a different employer, you may again be eligible for a visa extension, provided you meet the same requirements as set out above. Your new job role must also satisfy the requirements for H1B classification.

For most H1B visa-holders this will be a job role within a specialty occupation, where this requires highly specialised knowledge, together with a bachelor’s or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation. Most graduate level jobs requiring at least a bachelor’s degree as a minimum entry requirement in the United States will qualify as a “specialty occupation”. However, a fresh determination will need to be made by US Citizenship and Immigration Services (USCIS), not only as to the nature of your proposed new role, but whether you are qualified to perform that role.

Equally, if you are looking to change employment terms but stay with the same employer, your new or revised job role with that employer, and your ability to perform that role, must again meet the requirements for H1B classification to be determined afresh by USCIS.

 

H1B portability rules

 

As a nonimmigrant currently working in H1B status but looking to change employers in the United States, under the H1B “portability” provisions, you can begin working for a different employer as soon as they properly file a non-frivolous petition for new H1B employment on your behalf, or as of the requested start date on that petition, whichever is later. A “non-frivolous petition” refers simply to a petition that has a reasonable basis in law or fact.

To be eligible for portability, you must not have been employed without authorisation from the time of your last admission into the United States, and your new employer must properly file a new petition before your H1B period of authorised stay expires. If you are eligible for H1B portability, your new employment will be authorised right up until USCIS has made a decision on your petition. If approved, you may then continue working for your new employer for the period of time indicated on approval of the new petition.

If you want to start new employment or change employment terms with your current employer, a petition will again need to be filed by that employer. However, you will be authorised to work according to the terms of the new or changed employment once a non-frivolous petition requesting new employment or a change of employment is properly filed on your behalf, or as of the requested start date on that petition, whichever is later.

 

H1B visa renewal application process

 

The process for extending H1B status, either with your existing or new employer, or the same employer on different employment terms, is similar to the process when seeking authorisation in H1B classification for the first time. Accordingly, the employer must file a petition on your behalf with USCIS using Form I-129 (Petition for a Nonimmigrant Worker), paying the applicable fee and providing any relevant documentation in support.

If you are continuing to work within the same job role for the same employer, there is unlikely to be any real difficulties when extending H1B status. This is because USCIS will already have made a determination that your employment constitutes a specialty occupation, or other qualifying job role within H1B classification, and that you are qualified to perform those services for your H1B visa type. However, if you are switching employers and your new employer is filing a fresh petition on your behalf, or you are starting new employment or changing employment terms with your current employer, USCIS must revisit these H1B visa requirements to make a fresh determination for which there will need to be adequate documentation to satisfy all the relevant requirements.

 

Costs to extend H1B status

 

The cost to file Form I-129 (Petition for Nonimmigrant Worker) is $460. There may also be additional costs to the employer, including a $500 Fraud Prevention and Detection Fee.

 

When should you file your H1B visa renewal application?

 

The H1B visa renewal process may be initiated no earlier than 6 months before the expiration of your existing authorisation and no later than the last day of your current H1B status. Your paper or electronic I-94 (Arrival/Departure Record) should indicate your date of entry to the United States, as well as the date by which you will be required to leave, where the departure date should match the end date on your initial Form I-797.

However, once your I-129 petition has been received and receipted by USCIS, and your employer is in possession of a Form I-797C Notice of Receipt, your H1B employment authorisation will be considered automatically extended for a grace period of 240 days while USCIS reviews that petition. This temporary extension should allow you to remain in the United States and continue your employment until a decision has been received.

In cases where an extension of H1B status is sought on your behalf by a new employer, a petition can be filed at any time, provided this is prior to expiry of your existing H1B visa.

 

H1B extension processing time

 

The processing time for an H1B visa extension depends on several factors, including USCIS workload, the service center handling the petition, and whether premium processing is used. On average, standard processing takes anywhere from 4 to 8 months, while premium processing ensures a decision within 15 calendar days.
Standard Processing Time

For regular processing, H1B extension petitions are typically handled by one of the USCIS service centers. Processing times vary based on the case volume at each center. As of recent updates, the estimated processing time for H1B extensions ranges from 4 to 8 months at most centers. However, delays may occur due to USCIS backlogs, security checks, or requests for additional evidence (RFE).

 

H1B extension premium processing fee & times

 

H1B visa holders seeking an extension of their stay and work authorization in the United States can opt for premium processing to expedite their application. Premium processing is an optional service offered by USCIS that guarantees a decision on the extension petition within 15 calendar days. Without premium processing, standard H1B extension petitions can take anywhere from 4 to 8 months, depending on USCIS workload and service center processing times.

To request premium processing, the employer must file Form I-907, Request for Premium Processing Service, along with Form I-129, Petition for a Nonimmigrant Worker. The fee for premium processing is $2,805, effective February 26, 2024. This fee is in addition to the regular H1B filing fees, which vary depending on employer size and other factors.

If USCIS does not process the case within 15 days, the premium processing fee is refunded, and the case continues under expedited review. However, premium processing does not guarantee approval. USCIS may issue a Request for Evidence (RFE) if additional documentation is needed. If an RFE is issued, the 15-day processing clock restarts once USCIS receives the required documents.

Premium processing is beneficial for H1B visa holders whose work authorization is expiring soon, as it minimizes the risk of employment disruptions. It is also useful for individuals seeking an H1B extension beyond six years due to a pending green card process, as delays could impact legal status.

 

H1B extension status: track your case

 

The H1B extension status refers to the stage of processing for a visa holder’s petition to extend their stay and work authorization beyond the initial H1B visa period. Since USCIS handles all H1B extension requests, applicants and their employers must track the status regularly to ensure timely approval and avoid gaps in employment.

To check the status of an H1B extension, the applicant or employer must use the 13-digit USCIS receipt number provided in the Form I-797C, Notice of Action. The most reliable way to check is through the USCIS Case Status Online tool at https://egov.uscis.gov/casestatus/landing.do. By entering the receipt number, applicants can see if their case is pending, approved, denied, or subject to additional review.

If USCIS issues a Request for Evidence (RFE), this means more documentation is needed before a decision can be made. The employer must submit the requested information within the specified deadline. If no RFE is issued, USCIS will either approve or deny the extension once the review is complete.
For applicants using premium processing, USCIS guarantees a response within 15 calendar days. This could result in approval, denial, or an RFE, at which point the employer must respond promptly to avoid delays.

If the extension is approved, USCIS will issue a new Form I-797 Approval Notice, and the applicant can continue working under the extended H1B status. If the petition is denied, the applicant must either file an appeal, switch to another visa category, or leave the US before their current status expires.

 

What happens if your petition for an H1B extension is denied?

 

If your petition for an H1B extension is denied, you will no longer be eligible to continue working in the United States after the expiration of your current H1B status. You may be able to request a review of that decision or re-apply, or even seek permission within a different classification. However, if you are not successful, you will be required to leave the country. It is therefore important for you and your employer to work with an immigration attorney from the outset, ensuring that the petition is properly prepared and supported by the necessary documentation, in this way maximising the chances of a successful outcome.

In circumstances where you an H1B extension has been sought on your behalf by a new employer, and your I-129 petition is denied, you will no longer be authorised to work for that employer. You may continue working for your previous employer if your prior period of authorised employment is still valid, but your authorisation to work based on portability will cease. If you have been laid off, fired, quit or otherwise ceased employment with your previous employer, you may have up to 60 days or until the end of your authorised validity period, whichever is shorter, to find new employment, change status or depart the country.

 

H1B extension vs. Green Card

 

When an H1B visa holder reaches the end of their authorized stay, they must decide whether to apply for an H1B extension or pursue a green card. Both options have different requirements, timelines and long-term implications. The decision depends on factors such as eligibility, employment situation and future plans in the United States.

An H1B extension allows the visa holder to continue working in the US under their current employer. The initial H1B visa is valid for three years, with the possibility of an extension for another three years, making the maximum duration six years. However, if an applicant has begun the green card process and has either an approved I-140 petition or has filed PERM Labor Certification at least 365 days before reaching the six-year limit, they may qualify for extensions beyond six years.

A green card grants permanent residency in the US, allowing the holder to live and work indefinitely without being tied to a specific employer. While employment-based green card applications often require employer sponsorship, some categories, such as EB-1 for extraordinary ability and EB-2 National Interest Waiver, allow for self-petitioning. Unlike an H1B visa, a green card provides greater job flexibility since the holder is no longer restricted to a specific employer or job role.

The processing time for an H1B extension usually ranges from four to eight months under regular processing, or 15 days with premium processing. In contrast, a green card application can take several months to several years, depending on the category and the applicant’s country of chargeability. Applicants from countries with high demand, such as India and China, often face long waiting periods due to annual visa limits.

If a visa holder is close to reaching their six-year H1B limit and does not yet qualify for a green card extension, they may need to apply for an H1B extension first. If their employer is willing to sponsor them for permanent residency, starting the green card process as early as possible is advisable, as long wait times can create uncertainty in employment status.

For applicants who are uncertain about their long-term plans in the US, an H1B extension is the simpler and faster option. However, for those who intend to stay in the US permanently, applying for a green card is the better long-term solution. Each option requires careful planning and consideration of employment goals, processing timelines, and immigration policies.

 

When can you apply for a green card with H1B status?

 

The most you can usually stay in the United States as a speciality occupation worker on an H1B visa is 6 years. However, as a dual-intent visa, you may be eligible to apply for an immigrant visa, also known as a green card, on the basis of your US-based employment.

An immigrant petition using Form I-140 (Immigrant Petition for Alien Workers) can be filed by your employer at any time, provided you meet the relevant requirements for a green card. You would then need to apply for an immigrant visa using Form I-485 (Application to Register Permanent Residence or Adjust Status). In cases where a decision on your I-140 petition is delayed, or you are the beneficiary of an approved petition but unable to adjust your status due to unavailability of visa numbers, you may also be eligible for an H1B visa extension beyond the maximum 6-year limit in H1B classification.

 

Need assistance?

 

NNU Immigratiom are US immigration specialists. Our attorneys are on hand to provide expert advice and guidance to employers and individuals through the US visa application process, including the H1B route. Contact us to discuss your application or a US immigration query.

 

H1B extension FAQs

 

What is H1B extension premium processing?

H1B extension premium processing is an expedited service offered by USCIS that guarantees processing within 15 calendar days. Employers must file Form I-907 along with Form I-129 and pay an additional fee to request this service.

 

How much does H1B premium processing cost?

The fee for H1B premium processing is $2,805. This fee is in addition to the standard H1B filing fees, which depend on factors such as employer size and type.

 

How long does premium processing take for an H1B extension?

Premium processing ensures that USCIS will take action on the H1B extension petition within 15 calendar days. This could result in an approval, denial, or a request for additional evidence.

 

What happens if USCIS does not process my case within 15 days?

If USCIS does not complete processing within the 15-day timeframe, the premium processing fee will be refunded. However, the case will still be processed on an expedited basis.

 

Does premium processing guarantee H1B extension approval?

No, premium processing only guarantees faster processing. USCIS may still deny the petition or issue a request for evidence if more documentation is needed.

 

Can an H1B extension be filed with premium processing at any time?

Yes, premium processing can be requested at the time of filing the extension or added later by submitting Form I-907 separately with the required fee.

 

Does an H1B visa holder need to be in the US to apply for an extension with premium processing?

Yes, the H1B visa holder must be in the US when applying for an extension. If the visa has expired and the applicant is outside the US, a new H1B visa stamp may be required before reentry.

 

Can premium processing be used for an H1B transfer?

Yes, premium processing is available for H1B transfers, allowing applicants to change employers while maintaining H1B status with faster adjudication.

 

Is premium processing available for all H1B petitions?

Premium processing is available for most H1B petitions, including extensions, transfers, amendments, and cap-exempt petitions. However, USCIS occasionally suspends premium processing for certain categories due to workload management.

 

Where can I check my H1B extension status after filing with premium processing?

Applicants can track their case status online using their USCIS receipt number at https://egov.uscis.gov/casestatus/landing.do.

 

Glossary

 

 

Term	Definition
H1B Extension	The process of renewing an H1B visa to allow continued employment in the US beyond the initial period, typically up to six years.
Premium Processing	An optional USCIS service that expedites H1B extension processing to ensure a decision within 15 calendar days.
USCIS	US Citizenship and Immigration Services, the agency responsible for processing H1B extensions and related petitions.
Form I-129	The petition that an employer files with USCIS to extend an H1B worker’s stay in the US.
Form I-907	The form used to request premium processing for an H1B petition, requiring payment of an additional fee.
Premium Processing Fee	A fee of $2,805, effective February 26, 2024, paid to USCIS to expedite the processing of an H1B extension.
Request for Evidence (RFE)	A request from USCIS for additional documentation before a decision is made on an H1B extension petition.
Approval Notice	The formal USCIS notice confirming an H1B extension approval, typically issued as Form I-797.
Grace Period	A period of up to 60 days allowing an H1B visa holder to remain in the US after losing their job, during which they can apply for an extension or change status.
Cap-Exempt Employers	Certain employers, such as universities and nonprofit research institutions, that are exempt from the H1B visa cap and can file petitions year-round.
Case Status Check	An online USCIS tool used to track the status of an H1B extension petition using the receipt number.
Receipt Notice	A notice issued by USCIS confirming receipt of an H1B extension petition, including a unique tracking number.
H1B Six-Year Limit	The maximum duration an individual can stay on an H1B visa unless they qualify for an extension beyond six years through a pending green card application.
H1B Transfer	The process of changing employers while maintaining H1B status, requiring a new petition filed by the new employer.
Processing Times	The estimated time USCIS takes to process an H1B extension, typically 4 to 8 months for regular processing.
Automatic Extension	Certain H1B visa holders may qualify for an automatic extension if their employer files for renewal before the current visa expires.