A petition for an extension of H-1B status for an individual's current foreign employees is known as an H-1B Extension. In this approach, the foreign worker can continue to work while the H-1B extension is being processed without having to leave the country to apply for a new H-1B status.
Do I need to apply if my H-1B status is expiring?
To stay and work in the U.S., you must file an H-1B Extension to extend your stay.
When should I file for my H-1B Extension?
You must file for your H-1B Extension before your expiration date.
What if I submit my H-1B Extension after my current H-1B expiry?
If you fail to submit your H-1B Extension before your expiration date, your petition will likely be denied. You will need to leave the U.S. and obtain a new H-1B visa. Staying in the U.S. after your expiry will be considered out of status.
When is the earliest I can file my H-1B Extension?
You cannot submit your H-1B Extension more than six months in advance.
How long can my H-1B Extension be extended to?
You can request a three-year extension. Remember, the maximum duration on an H visa is six years.
How many times can I file for an H-1B Extension?
You can file for as many extensions as needed. However, the maximum period of stay on H-1B status is six years. After that, you must return to your country for one year before being eligible for another H-1B. If you have a pending permanent residence application for over a year, you can file for H-1B status for three years without leaving the country.
What about my H-4 dependents when I file for my H-1B Extension?
All dependents can stay in the U.S. on H-4 status as long as your H-1B status is valid.
I received my H-1B Extension approval, but I no longer wish to stay in the U.S. What can I do?
You are free to return to your country at any time.
When will I receive my approval notice?
An H-1B Extension typically takes around 3-4 months for adjudication. If you opted for premium processing, you will receive a decision within 15 days of filing.
What documents are required for an H-1B Extension?
To demonstrate eligibility, you must submit the following documents:
- Copies of passport biographic pages, visa stamp page, I-94, and travel stamps
- Current employer letter
- Pay stubs to confirm ongoing employment and status maintenance
- Educational degrees, certificates, evaluations, resume, experience letters, etc.
- Certified Labor Condition Application
- Copy of previously approved H-1B petition
- Other documents showing admissibility or maintenance of nonimmigrant status
What are the filing fees for an H-1B Extension?
The filing fees vary depending on the circumstances. If the H-1B employer is a nonprofit research organization or higher education institution, the fee is $320. For a profit employer filing a second or subsequent H-1B Extension with over 25 employees, the fee is $1,820. If the employer hasn't filed an H-1B extension before and has fewer than 25 employees, the fee is $320. For a second or subsequent extension with fewer than 25 employees, the fee is $1,070.
