Jul 25, 2025

H-1B Extension and Renewal

How to extend H-1B, when to begin, what to expect when time runs out. RFEs, renewals, stamping, travel.

Allegra Meriare
Write by: Allegra Meriare
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There are two things, and people sometimes mix them up: one is called H-1B Status Extension and the other is H-1B Visa Stamp Renewal. They look alike in name, but they serve different purposes, involving different government agencies and different processes.

H-1B Status Extension: the legal right to stay, to keep working in the U.S. (filing I-129 form with USCIS).

H-1B Visa Renewal (Visa Stamping): handled by the U.S. Department of State. It’s not about staying, but returning. A stamp in your passport that lets you enter the U.S., typically means obtaining a new H-1B visa stamp (visa stamping) after an extension. If you’re traveling outside the U.S. and your H-1B visa stamp has expired, you must get it renewed at a U.S. consulate before reentering.


The Process, in Detail

H-1B Extension of Stay

Extending an H-1B visa is a delicate affair - an invisible clock is always ticking. A delay, even a minor one, can turn legal presence into something less certain. Something out-of-status.

Under current rules, USCIS may grant an initial H-1B petition for up to three (3) years. Extensions are possible - for another three (3) years at most - bringing the total to six (6) years. But that sixth (6th) year carries a certain finality.

After that (including any time spent outside the U.S.), the options narrow: as an H-1B holder, you leave the United States, quietly, without fanfare, or, if the process for permanent residency (a Green Card) has begun (e.g., an approved I-140), you may stay, stretching your time a little further.

The rules are clear.


How to Extend Your H-1B Visa?

The extension petition must be filed before your current H-1B I-94 expires - time moves quietly but unforgivingly here.

1. Form I-129 (Petition for a Nonimmigrant Worker)

Your employer submits Form I-129 (Petition for a Nonimmigrant Worker) on your behalf before your current H-1B status ends. Even if nothing changes - no new employer, no new role - this petition must be filed with USCIS.

2. Documents

Along with the petition, a bundle of documents should be included: your current H-1B approval notice (Form I-797), recent pay stubs, copies of your current visa and passport ID pages, a valid Labor Condition Application (LCA), and a letter confirming that your job is ongoing. Each piece is a small thread in the fabric of your legal presence.

3. USCIS Processing Time

USCIS Processing times vary, like the shifting winds. Regular processing can take 2-7 months; Premium processing cuts through the wait, roughly 15 calendar days.

4. Work Authorization

Work authorization quietly extends too: if your extension is filed before your current status expires, you may continue working for up to 240 days while USCIS considers your petition.

As the beneficiary, you remain in the U.S. during this time, caught in the liminal space between what was and what might be. USCIS will send a receipt notice - a quiet acknowledgement - followed, if all goes well, by an approval notice (Form I-797). This new approval carries fresh dates, new life. If you stay in the country, there’s no need for a new visa stamp, no crossing of borders needed for now.


When to Start?

It’s best to begin the process six (6) months before your current H-1B expires. USCIS allows an extension to be filed up to 180 days (6 months) in advance - a quiet window of opportunity that opens, waits, then closes.

Beginning the extension doesn’t mean filing immediately. It starts with quiet preparation: your employer gathering documents, confirming your continued role, and initiating a new Labor Condition Application (LCA) - a step that typically takes about 7 - 10 days. Only after that comes the submission of Form I-129, the official request for your stay to continue.

The ideal moment to begin this preparation? At least a month before that 180-day mark. Early enough to move without rush. Thoughtfully.

LCAs are only valid for three (3) years.

To map your timeline, consider three points:

  • Your H-1B expiration date.
  • The earliest date the extension can be filed.
  • And the time needed to prepare everything required.

Job Changes:

If your extension comes with a job transfer (H-1B portability) - a shift in employer, a new office, a new chapter - a new LCA is mandatory.


Extension Beyond the Six-Year Limit

While the standard H-1B stay is capped at six years, there are pathways - narrow but navigable - for extending beyond that threshold. Under specific circumstances, USCIS may authorize H-1B extensions beyond the six-year limit.

You may qualify for an extension beyond the six-year maximum if:

– Your PERM Labor Certification or Form I-140 (Immigrant Petition for Alien Worker), as part of the employment-based Green Card process, was filed at least 365 days before you reach the end of your sixth year in H-1B status.

– You have an approved I-140, but your priority date is not yet current - a reminder that immigration often follows its own quiet calendar.

– Under these conditions, you may receive one-year H-1B extensions, renewable annually, until a final decision is made on your Green Card application.

These extensions are not automatic. They require deliberate steps and timely filings.


Nearing the End of Your H-1B Period

For H-1B visa holders approaching the end of their initial three-year term - or nearing the six-year maximum - the passage of time begins to feel more present.

If your sixth year is on the horizon and your employer hasn’t yet started your green card process, now is the time to act. The 365-day rule is non-negotiable: your PERM or I-140 must be filed at least one year before your sixth year ends. Missing this window could mean having to depart the U.S., a sudden closing of a long chapter.

Timing Matters

Avoid Status Risks, RFEs and Impact on H-4 Dependents

H-1B Extension:

  • Extensions must be filed before your current status expires. A missed deadline can quietly shift your legal footing, placing you out of status. You must also file your H-1B extension before reaching the six-year cap - after that line, the road narrows.

  • To qualify for one-year extensions beyond the sixth year, your PERM labor certification or I-140 petition must be filed at least 365 days before your H-1B maxes out. The calendar, here, carries real weight.

Risk of RFE or Denial:

  • Even extensions, once considered routine, can draw deeper scrutiny. An RFE (Request for Evidence) may arrive unannounced. In rarer cases, a denial.

Impact on Dependents:

  • H-1B renewals are not isolated events. They ripple outward. For spouses on H-4 visas, timely H-1B renewal affects the ability to extend their EAD (Employment Authorization Document) - a critical link for dual-income households.

A Simple but Absolute Rule:

You cannot remain on H-1B status beyond six years… unless you are already in the Green Card Process.


Time Spent Abroad

Time moves differently when you leave the country. If you’ve spent a full year or more outside the U.S., you may reset your six-year H-1B clock, but only by applying again under the cap (the lottery), unless you’re cap-exempt.

Shorter trips abroad don’t reset the clock. But that time can often be recaptured - small moments abroad folded back into your remaining H-1B time.


Travel & Visa Stamping

If you travel internationally while your H-1B has been extended, you’ll need to obtain a new visa stamp in your passport based on the approved petition - a physical token of your continued stay.


H-1B Extension RFEs (Request for Evidence)

An RFE is not a rejection. It’s a pause, a request for clarity - USCIS asking for more information before making a decision.

Common reasons include:

  • Verifying the employer-employee relationship
  • Checking maintenance of valid H-1B status
  • Confirming the specialty occupation requirement
  • Checking for material changes in employment terms
  • Evaluating educational qualifications
  • Ensuring work exists for the entire requested extension period

Timeline and Tips for Responding to an RFE:

– You typically have 87 days to respond from the date of the notice.

– No decision will be made until USCIS receives your response, or the deadline passes.

– A timely, thorough response gives you the best chance of approval.

– Address each issue directly. Be specific.

– Submit only credible, relevant documentation - no more, no less.


Typical USCIS Processing Times for H‑1B Extensions

ScenarioRegular ProcessingPremium Processing
No RFE (Initial Approval)2-7 months15 calendar days
With RFE (Total Time)6-10+ months30-60 calendar days
RFE Response Time (applicant’s control)30-90 days30-90 days
USCIS Time After RFE Response2-4 months15 calendar days
Typical Total Range2-12 months15-60 days

In the world of immigration, time doesn’t shout. It simply moves forward. The key is to move with it - deliberately, on time.