An H-1B is granted for up to three years at a time, with a six-year maximum in most cases. To keep working past the expiration date on your approval, your employer must file an extension (Form I-129) before that date passes. Filing on time and with clean documents is what protects your status, your work authorization, and your path to a green card.
An extension can be filed up to six months before the current approval expires. We recommend filing at least 120 to 180 days ahead.
A timely filed extension lets you keep working with the same employer for up to 240 days while the case is pending, even if the approval date passes.
The employer must obtain a certified Labor Condition Application covering the full extension period and all worksites.
Premium processing is available for an additional fee if you need a decision in a shorter time frame.
You may be able to extend beyond six years if a PERM labor certification or I-140 has been pending for 365 days or more, or if you have an approved I-140 and are blocked by the per-country green card backlog. Time spent outside the U.S. may also be recaptured.
Collect documents, confirm job duties and wage, and file the LCA.
Prepare and file the I-129 petition.
You may continue working with the same employer.
Regular processing times vary; premium processing is available for a fee.
Audit your pay stubs and LCA wage before filing, so any shortfall is found early
Confirm that duties, SOC code, and wage level still line up
Run a six-year analysis and prepare the strongest basis for time beyond year six
Prepare the full petition package, including H-4 and H-4 EAD extensions where applicable
Respond to RFEs and notices of intent to deny
Gaps in employment, unpaid or unproductive time, or work outside what the petition allows.
Pay stubs, W-2s, or year-to-date totals that do not match the certified wage.
New duties, a different occupation, or a different wage level that should have been handled by an amended petition first.
The employee moved to a new location that the current LCA and petition do not cover.
Duties have drifted away from what a degree-level role requires, or no longer match the SOC code.
No qualifying PERM or I-140 timeline, an approved I-140 without the required backlog, or no proof of recapturable time outside the U.S.
Expired contracts, no current end-client letter, or documents that disagree on duties, location, or duration.
An unfavorable site visit, unanswered USCIS inquiries, or evidence that the employer cannot pay the required wage.
A change in ownership or structure without proper successor documentation, or inconsistent company information.
Filed after the authorized stay expired without extraordinary circumstances, an expired passport, wrong fees or forms, or unsigned documents.
Yes, if you have a valid H-1B visa stamp, but you should confirm your plans with us first. Travel with a pending extension and an expired approval can create reentry issues.
USCIS may excuse a late filing only for extraordinary circumstances beyond your control, and it is not guaranteed. Missing the deadline can end your status and your work authorization.
Only if you travel abroad and your visa stamp has expired. The approval notice by itself does not replace a valid visa stamp for reentry.
Often yes, if a PERM or I-140 is in process or approved. The rules are technical, and timing matters, so request a six-year analysis well before your sixth year ends.
Do not wait until the last 60 days. Request a Free Online Case Evaluation or Book a Paid Consultation and we will review your approval dates, pay records, and options beyond year six.
