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H-1B Extension FAQs

H-1B Extension is a petition filed by the employer on behalf of the individual to extend H-1B status for their current foreign employees. This way the foreign worker does not need to leave the country to apply for a new H-1B status and can continue working while the H-1B extension is still pending.

My H-1B Status is expiring. Do I need to apply?

In order for you to stay in the U.S. and work you will need to file an H-1B Extension to extend your stay.

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When should I file for my H-1B Extension?

You must file for your H-1B Extension prior to your expiration date.

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What if I submit my H-1B Extension after my current H-1B expiry?

In case you fail to submit your H-1B Extension prior to your expiration date, you are most likely to get denied or required to leave the U.S. and return with new H-1B stamping. The days you stay in the U.S. after your expiry will be considered to be out of status.

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When is the earliest I can file my H-1B Extension?

You cannot submit your H-1B Extension more than six months in advance.

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How long can my H-1B Extension be extended to?

You may request 3 years request on your extension. However, you must keep the 6 year H Limitation in mind.

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How many times can you file for H-1B Extension?

You may file as many extensions as needed. However, the maximum period of stay in the U.S. on H-1B status is six years. In which case, you will have to return to your country for one year and then you may return on H-1B again. If you have a permanent residence application pending for more than a year, you are entitled to file for H-1B status for three years without leaving the country for one year.

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I am filing for my H-1B Extension, what about my H-4 dependents?

All dependents are eligible to stay in the country on H-4 status as long as your H-1B status is current and valid.

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I received my H-1B Extension approval, but I do not wish to stay in the U.S. any longer. What can I do?

You are free to return to your country whenever you want

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When will I get my approval notice?

An H-1B Extension may take approximately 3-4 months to be adjudicated. However, if you have filed from premium processing, you will receive a decision within 15 days of the filing.

What documents are required to submit an H-1B Extension?

You must submit the following documents to prove your eligibility for H-1B Extension:

  • Copies of biographic pages, visa stamp page, I-94 and travel stamps from the beneficiary's passport
  • Current employer letter
  • Pay Stubs from current job to confirm you are still employed and maintaining status
  • Education degrees, certificates, evaluation, resume, experience letters, etc.
  • Certified Labor Condition Application
  • Copy of previously approved H-1B petition
  • Other documents proving admissibility or maintenance of nonimmigrant status

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What are the filing fees for an H-1B Extension?

H-1B Filing fees vary upon the situations of the case. If the H-1B Employer is a nonprofit research organization or higher education, the application fee is $320. If the H-1B employer is an profit employer and is filing H-1B Extension second or more times and if the employer has more than 25 employees, the filing fee is $1820. If the employer has not filed a H-1B extension before and does not have more than 25 employees, then the application is $320. If the employer is filing a second or subsequent extension but does not have more than 25 employees, the required fee is $1070.

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