H1B Renewal: Process, Requirements & Timeline 2026

Picture of Nita Nicole Upadhye

Nita Nicole Upadhye

US Immigration Attorney & Talent Mobility Strategist

Key Points

 

  • H1B renewal is not automatic.
  • File the H1B extension before the I-94 end date.
  • Renewals are not subject to the H1B cap.
  • H1B portability can allow work after filing.
  • AC21 can permit extensions beyond six years.

 

To continue your career and life in the US as an H1B visa holder without disruption, you may need to apply for an H1B renewal of your status under the H1B extension process. However, this does require planning, precise timing, employer sponsorship and compliance with strict visa requirements.

To remain in the US legally, the renewal petition has to be filed before the period of authorized stay expires, as shown on the Form I-94.

For legal purposes, USCIS does not “renew” H1B visas. Instead, employers file a petition to extend H1B status and employment authorization from within the United States. A visa renewal refers only to obtaining a new H1B visa stamp from a US consulate abroad for re-entry after travel. This guide uses the term “H1B renewal” in line with common usage, but focuses on the USCIS extension process.

If the same employer is sponsoring your extension, the process is often more predictable than a change-of-employer filing, provided the role remains eligible, the wage remains compliant and there have been no material changes since the last approval.

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 properly filed, provided you are in a period of authorized stay at the time of filing and have not engaged in unauthorized employment since your last admission.

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.

If you have any queries about an H1B visa application , book a fixed-fee telephone consultation with one of our attorneys who can answer your questions directly.

Contents

 

Section A: Can you renew an H1B visa?

 

An H1B visa can usually be extended, but renewal is not automatic and should never be treated as a formality. Every H1B extension is a fresh petition assessed by USCIS, even where the employer, role, and worker remain the same. Approval depends on whether the role continues to qualify, the employment terms remain compliant, and the worker has maintained valid status.

H1B status is temporary. An initial H1B grant is typically valid for up to three years and may be extended once, allowing for a maximum stay of six years in total. Extensions are not subject to the annual H1B cap or lottery, but they are subject to full adjudication and increasing employer compliance scrutiny by USCIS.

The six-year limit is strict, but it is not absolute. Where an employer has started the employment-based green card process in time, additional extensions may be available beyond six years. One-year extensions can be granted where a PERM Labor Certification or Form I-140 has been filed at least 365 days before the end of the sixth year. In some cases, three-year extensions are possible where an I-140 has been approved but adjustment of status is not available due to immigrant visa backlogs.

A critical point for renewal planning is that USCIS does not defer automatically to past approvals. Extensions remain fully adjudicated petitions. USCIS may reassess whether the role still qualifies as a specialty occupation, whether the wage remains compliant, and whether the degree requirement is directly related to the job duties. Changes in duties, work location, reporting structure, or business model often trigger closer scrutiny at the renewal stage.

In practical terms, this means that an H1B renewal can fail even where a previous petition was approved, particularly if the role has evolved over time or if the original case was borderline. Understanding these limits early is central to avoiding disruption to employment and lawful status.

 

 

NNU: Attorney Perspective

 

H1B renewals aren’t automatic and, in planning terms, they can’t be relied on as being guaranteed. USCIS treats H1B renewals as entirely new petitions and they’re adjudicated afresh. That said, the information previously provided will still be considered as part of the totality of the information and evidence on file, but any previous positive application outcomes don’t afford you any goodwill for the current H1B renewal application.

If anything, there’s likely to be greater scrutiny at the renewal stage, as the adjudicator will also look at how the prior H1B period was spent. Small changes in role duties or changes in working arrangements can rear their heads and undermine the extension being sought.

Also be clear on the timeframes. Employers delay green card sponsorship believing extensions will remain available, only to discover too late that AC21 protections weren’t triggered in time.

 

 

Section B: H1B renewal 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.

 

1. 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 can eliminate eligibility for H1B portability, trigger unlawful presence accrual, and require departure and consular processing.
  • That you have not reached the maximum limits for extending H1B status.

 

 

2. 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. USCIS assesses specialty occupation eligibility on a case-by-case basis. The same job title may be approved or denied depending on the specific duties, the degree-to-duties nexus, employer structure, supervisio and supporting evidence. However, a fresh determination will need to be made by 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.

 

3. 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.

 

4. Special H1B categories and renewal limits

 

Changes to Cap-Exempt Employer Eligibility have also been introduced. USCIS has issued clarifications on cap-exempt eligibility, particularly in relation to nonprofit affiliation and research activities. These clarifications have increased scrutiny of cap-exempt claims rather than creating a broad expansion of eligibility. 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. These petitions are subject to heightened scrutiny, and extensions are discretionary, requiring ongoing evidence of a valid employer-employee relationship and qualifying work.

If you are a fashion model of distinguished merit or ability under H1B 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 may be extended for up to ten years in total, provided the qualifying Department of Defense project continues and supporting certification requirements are met.

 

 

NNU: Attorney Perspective

 

We really try to impress on employers and workers not to be complacent with the renewal application, as this is often the main source of issues rather than ineligibility. Crucially, renewal eligibility is not a static thing, it changes with the everyday reality of the role and the business. This demands ongoing and proactive immigration compliance rather than a single, high-stakes, panicked push at the renewal stage.

 

 

 

Section C: 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.

Most renewal petitions turn on whether the filing tells a coherent, consistent story across the LCA, the petition forms, and the supporting evidence. Employers should expect to provide updated documentation showing the role remains eligible and the worker remains in valid status, which often includes:

 

  • a certified Labor Condition Application (LCA) covering the role, wage, and work location
  • a detailed employer support letter linking duties to the required degree field
  • evidence the worker maintained H1B status, including recent pay statements and prior approval notices
  • worksite and reporting details, particularly for hybrid or remote arrangements
  • basic employer documents showing ongoing operations and the need for the role

 

If you are continuing to work within the same job role for the same employer, prior approval may reduce some evidentiary burden, but it does not eliminate scrutiny and USCIS frequently issues Requests for Evidence on H1B extension petitions.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.

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.

 

1. How to tell if you need an amended petition, not just a renewal

 

Renewal planning often goes off track where the job has changed since the last approval. USCIS can treat certain updates as material changes that require an amended petition, even if the employer is also filing an extension. Common triggers include a significant change in duties, a move to a new metropolitan area or worksite not covered by the existing LCA, a shift to long-term remote work, changes in supervision or reporting structure, or changes to pay that affect LCA compliance. Where changes are in play, the safer approach is to assess whether an amendment is needed before relying on a standard extension filing.

 

2. 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 automatic extension applies only to extensions with the same employer and does not authorize employment with a new employer.

Continuation of work authorization is tied to a timely filed extension and does not protect travel or visa stamping needs. If USCIS denies the extension after the prior I-94 end date, work authorization ends immediately. Employers often use premium processing where timing risk is high, not because approval is more likely, but to reduce the period of uncertainty that can disrupt payroll and operations.

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.

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.

 

3. Costs to extend H1B status

 

The Form I-129 filing fee for H1B petitions is $780. A reduced $460 fee applies only to qualifying small employers and certain nonprofit organizations.

Renewal budgets are rarely limited to the base I-129 filing fee. Depending on the employer and the filing type, total government fees can also include the ACWIA training fee, the Asylum Program Fee, and in change-of-employer cases the Fraud Prevention and Detection Fee. Costs also increase where premium processing is used or where a related dependent extension is filed. Employers should confirm which fees apply before filing, because USCIS can reject a petition submitted with an incorrect fee.

 

4. 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 USCIS action 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 premium processing fee for most H1B petitions is $2,805, but if the Form I-907 request is postmarked on or after March 1, 2026, the fee increases to $2,965. 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.

 

5. 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).

 

 

 

 

NNU: Attorney Perspective

 

USCIS won’t join the dots for you, fill in gaps, or spend time looking elsewhere for missing evidence. Don’t underestimate how aggressively USCIS reassesses degree-to-duties alignment as part of the renewal, which is a particular risk where there’s a generic job title or a fast-growing team in the mix.

The 240-day rule also creates false security. Yes, it keeps payroll running, but it won’t offer any protection if the petition is denied after the period of authorised stay has expired.

 
 

 

 

Section D: After you apply

 

Once an H1B extension petition has been filed, the focus shifts from eligibility to status management and risk control. The outcome of the application determines whether employment can continue lawfully and whether the visa holder remains in valid nonimmigrant status. During this period, timing, travel decisions, and response handling become critical. Employers and visa holders should closely monitor the petition, understand what interim work authorisation applies, and be prepared to act quickly if USCIS raises concerns or requests further evidence.

 

1. 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.

If the denial occurs after the prior period of authorized stay has expired, the individual will be immediately out of status and may begin accruing unlawful presence.

 

2. Travel after filing or approval

 

Travel is one of the most common renewal traps. A USCIS extension approval can extend stay in the United States, but it does not renew an expired visa stamp. If the visa holder travels abroad, a valid H1B visa stamp is generally required to return, unless an exception applies. Travel while an extension is pending can also affect whether the individual is seeking an extension of stay inside the United States or only petition approval for consular processing. Where international travel is likely, renewal strategy should be aligned to the travel timeline to avoid unexpected consular delays or re-entry issues.

 

3.H1B renewal approved

 

If the H1B extension petition is approved, USCIS will issue a new Form I-797 Approval Notice confirming the extended period of authorised stay and employment. Where the extension includes an extension of stay, the approval notice will contain a new I-94 record at the bottom, showing the updated end date of lawful stay in the United States. The visa holder may continue working for the sponsoring employer under the approved terms until that new expiry date.

Approval of an H1B extension does not automatically renew an expired visa stamp. If the individual later travels outside the United States, a valid H1B visa stamp will be required to re-enter, unless exempt. Any travel plans should be assessed carefully, particularly where approval is recent or where prior status gaps or changes of employer have occurred.

 

 

NNU: Attorney Perspective

 

The nerves are likely to kick in once the H1B renewal application is filed, since any form of negative outcome, whether an RFE or an outright denial, can trigger an immediate loss of work authorization, unlawful presence exposure and a possible forced exit. It’s both the employer and the worker who suffer the consequences.

Anyone with an application pending or recently approved should also carefully check the travel rules to avoid problems on re-entry while renewal status is being processed or documented.

 

 

 

Section E: H1B to Green Card

 

For many H1B visa holders, renewal planning eventually overlaps with longer-term decisions about permanent residence. While an H1B extension can preserve lawful status and continued employment in the short term, it does not resolve the underlying time limits built into the route. Understanding how H1B extensions interact with the employment-based green card process is therefore central to long-term workforce and career planning.

 

1. H1B extension vs green card – what is the real decision?

 

When an H1B visa holder approaches the end of their authorised stay, a key decision arises: whether to continue extending H1B status or to pursue permanent residence through a green card. Each option carries different requirements, timelines, and long-term implications, and the right choice depends on eligibility, employment circumstances, and future plans in the United States.

An H1B extension allows the visa holder to continue working in the US under their current employer. An initial H1B grant is typically valid for three years, with the possibility of a further extension for another three years, allowing for a maximum stay of six years. For many workers, this provides a relatively quick and predictable way to remain employed while longer-term options are assessed.

A green card, by contrast, grants permanent residence in the United States and allows the holder to live and work indefinitely without being tied to a specific employer or role. While most employment-based green card applications require employer sponsorship, some categories, such as EB-1 for extraordinary ability and EB-2 National Interest Waiver, allow for self-petitioning. A green card therefore offers significantly greater job flexibility, but it comes with longer processing times and greater uncertainty.

Processing times illustrate the practical trade-off. An H1B extension is often decided within four to eight months under standard processing, or within 15 days with premium processing. A green card application, however, can take several months to several years depending on the category and the applicant’s country of chargeability. Applicants from high-demand countries such as India and China frequently face extended waiting periods due to annual visa limits.

For visa holders who are uncertain about their long-term plans in the US, an H1B extension may be the simpler and faster option. For those intending to remain permanently, the green card route is the only path that removes time limits and employer dependency, but it requires earlier and more deliberate planning.

 

2. How the green card process affects H1B extensions

 

Although the H1B route is time-limited, it is a dual-intent classification. This means that pursuing permanent residence does not prevent an individual from extending or renewing H1B status. In practice, starting the green card process can materially change how long a worker is able to remain in H1B status.

The standard maximum period in H1B classification is six years. However, where the employment-based green card process has begun in time, extensions beyond six years may become available. If a PERM Labor Certification or Form I-140 has been filed at least 365 days before the end of the sixth year, one-year H1B extensions may be granted. Where a Form I-140 has been approved but adjustment of status is not possible due to visa number backlogs, three-year extensions may be available.

An immigrant petition using Form I-140 can be filed by an employer at any point, provided the worker meets the relevant requirements. Adjustment of status using Form I-485 can only be filed once a visa number becomes available. Where that stage is delayed due to quota backlogs, the ability to extend H1B status beyond six years often becomes the mechanism that allows employment to continue lawfully.

This interaction between H1B extensions and green card milestones is frequently underestimated. Employers who delay sponsorship until the end of the sixth year often discover that extension options are narrower than expected. Starting the green card process earlier preserves flexibility, reduces risk at renewal, and supports longer-term workforce retention where visa backlogs are a factor.

 

 

NNU: Attorney Perspective

 

For sponsors of H1B visas, there is a commercial reality that the permission is time-limited, and while the H1B offers a highly valued direct path to a Green Card, this isn’t something that should be picked up in the sixth year. This kind of long-term route demands long-term planning and collaboration between the worker and their employer to keep the future application on track and in the best interests of both parties.

 

 

 

Section F: Summary

 

An H1B renewal, in legal terms an extension of stay and employment authorisation, is not automatic and should never be treated as routine. Each extension petition is adjudicated on its own merits, even where the role and employer remain unchanged. Timing, wage compliance, specialty occupation analysis, and consistency across filings all matter, and errors at the renewal stage can result in loss of work authorisation or status.
For many visa holders, renewal planning also intersects with longer-term decisions about green card sponsorship. Understanding when extensions are available beyond six years, and how employer actions affect those options, is central to maintaining continuity of employment in the United States.

 

Section G: 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.

 

Section H: 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. For Form I-907 requests postmarked on or after March 1, 2026, the fee is $2,965. 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?

YeTo obtain an extension of stay, the H1B visa holder must be in the US at the time of filing. A petition may still be approved without an extension of stay, in which case consular processing and a new visa stamp would be required for re-entry.

 

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 USCIS Case Status Online.

 

Section I: Glossary

 

 

TermDefinition
H1B ExtensionThe process of renewing an H1B visa to allow continued employment in the US beyond the initial period, typically up to six years.
Premium ProcessingAn optional USCIS service that expedites H1B extension processing to ensure a decision within 15 calendar days.
USCISUS Citizenship and Immigration Services, the agency responsible for processing H1B extensions and related petitions.
Form I-129The petition that an employer files with USCIS to extend an H1B worker’s stay in the US.
Form I-907The form used to request premium processing for an H1B petition, requiring payment of an additional fee.
Premium Processing FeeA 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 NoticeThe formal USCIS notice confirming an H1B extension approval, typically issued as Form I-797.
Grace PeriodA 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 EmployersCertain employers, such as universities and nonprofit research institutions, that are exempt from the H1B visa cap and can file petitions year-round.
Case Status CheckAn online USCIS tool used to track the status of an H1B extension petition using the receipt number.
Receipt NoticeA notice issued by USCIS confirming receipt of an H1B extension petition, including a unique tracking number.
H1B Six-Year LimitThe 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 TransferThe process of changing employers while maintaining H1B status, requiring a new petition filed by the new employer.
Processing TimesThe estimated time USCIS takes to process an H1B extension, typically 4 to 8 months for regular processing.
Automatic ExtensionA 240-day automatic extension of employment authorization that applies when an H1B extension with the same employer is timely filed and remains pending.

 

 

Section J: Additional resources & links

 

ResourceWhat it coversLink
USCIS H-1B Specialty OccupationsUSCIS overview of H-1B classification, eligibility framework, and core requirements.USCIS H-1B page
USCIS FAQs for individuals in H-1B statusPractical USCIS guidance, including extensions beyond six years under AC21 concepts and common status questions.USCIS H-1B FAQs
USCIS Policy Manual: Extension of stayPolicy manual rules on extensions of stay, including maintenance of status concepts USCIS applies to extension filings.Policy Manual (Extension of Stay)
Form I-129 (petition page)Official USCIS Form I-129 landing page with form, filing guidance, and related updates.USCIS Form I-129
Form I-129 instructions (PDF)Detailed filing instructions and requirements for Form I-129.I-129 Instructions (PDF)
Premium Processing: how to requestUSCIS guidance on Premium Processing eligibility, how to file, and what “USCIS action” means.USCIS Premium Processing guidance
Form I-907 (Premium Processing)Official Form I-907 page for requesting Premium Processing Service.USCIS Form I-907
DOL FLAG: Labor Condition Application (LCA)Department of Labor LCA program page, including filing through FLAG and core LCA concepts for H-1B.DOL FLAG LCA program
DOL WHD: H-1B Labor Condition Application (statutory requirements)Department of Labor Wage and Hour Division summary of INA H-1B LCA attestations and enforcement concepts.DOL WHD H-1B LCA page
USCIS AC21 guidance memo (three-year extensions concept)USCIS memorandum addressing AC21 Section 104(c) three-year H-1B extension concepts where adjustment is not possible due to backlogs.USCIS AC21 memo (PDF)
USCIS memo on periods of admission and AC21 exemptionsUSCIS memorandum discussing six-year limit concepts and AC21 exemptions, often cited in extension analysis.USCIS periods of admission memo (PDF)

 

This article does not constitute direct legal advice and is for informational purposes only.

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