An H-1B visa is issued for a period of up to 3-years with the possibility of an extension for a maximum of 6-years in H1B visa status. In limited situations, you may be able to extend beyond the 6-year limit. Find out how to extend or renew your H1B visa and if you are able to extend beyond the 6-year limit.
How do I extend or renew my H-1B Visa?
You are allotted a maximum stay of up to 6 years on your H-1B visa. This means you can extend or renew at least one time. An H-1B visa can be extended or renewed by filing USCIS Form I-129 with the appropriate USCIS service center. The process to extend or renew your H-1B Visa is the same as obtaining a new H-1B visa. The main difference is that you do not need to enter the H-1B lottery again for an extension or renewal. The following is required for an H-1B extension or renewal:
- USCIS Form I-129 and H Supplement
- Evidence that you have maintained your H-1B visa status
- Evidence showing the proposed employment qualifies as a specialty occupation
- Evidence showing that you qualify to perform the specialty occupation
- A copy of any required license or other official permission for the beneficiary to perform the specialty occupation in the state of intended employment (if applicable)
- A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed
- An itinerary showing the date and places of assignment if the petition indicates that the beneficiary will be providing services at more than one location.
- A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL)
How far in advance can my H-1B visa extension or renewal be filed?
You can file as far as 6 months in advance or the expiration of your H-1B visa for an extension or renewal. We recommend filing as early as possible to avoid the need for premium processing and any potential lapse in your H-1B visa status.
Can I extend my H-1B Visa beyond 6 years?
H-1B status can be extended beyond the 6-year limit if a labor certification or I-140 was filed at least 365 days prior to the expiration of H-1B status. Extensions can be granted until the labor certification or I-140 is denied, or you become eligible for adjustment of status.
Can I travel while my H-1B extension or renewal is pending?
If you have a pending Form I-129 for an extension or renewal of your H-1B visa, you cannot travel outside the United States until it has been approved. Departing the United States before receiving approval is considered abandonment of the petition and will result in a denial. You must wait until the I-129 has been approved before traveling outside the United States.
Can I work while my H-1B visa extension or renewal is pending?
If you filed your I-129 Petition to extend or renew your H-1B visa in a timely manner for the same employer, your authorization to work continues for 240 days beyond the expiration of your I-94 or until a decision is made.
How can I expedite my H-1B extension or renewal?
You can expedite the processing of your H-1B visa petition by filing Form I-907 Request for Premium Processing with USCIS at the time you file your Form I-129 Petition or anytime thereafter. Premium processing is an extra fee and promises a decision in your case within 15 days.
H-1B Visas for Specialty Occupations What are some alternatives to the H-1B Visa?
Additional Outside Resources
- USCIS: Form I-129 Nonimmigrant Petition for Foreign Worker
- H-1B Visa Checklist
- USCIS Form I-140 Immigrant Petition for Foreign Worker
- USCIS Form I-907 Premium Processing
We Can Help!
The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.
