H-1B Extension 2023 - The Ultimate Guide

What is H1B Extension?

H-1B visa is a work visa that allows foreign professionals to work in the United States. It lets businesses in the U.S. hire foreign specialists with specialized skills on a temporary basis.

In most cases, H-1B visas are limited to a maximum of six years. Applicants need to apply for an H1B extension when the initial 3 years of H1B come to an end. However, if applicants have applied for a green card before the end of the 5th year of their H1B, they can apply for an additional year extension until receiving the green card.

As the demand for H-1B visas increases over time, the processing time for H-1B extension becomes longer too. In 2022, it’s taking about 4 weeks to 5+ months for an H-1B extension to process.  If an RFE (request for evidence) is issued, the process could take longer. The earliest date to apply for an H1B extension is the 6th month before the expiration of your current status. We highly recommend preparing early and consulting with an experienced immigration attorney on the H-1B visa renewal strategy for your case.

H1B Visa Extension Supporting Documents Checklist

Applicants and employers need to keep in mind of this list as the application process for the H1B extension is lengthy and requires a variety of supporting documents.

For Employees:

• Copy of passport with the original H-1B visa (if any)

• The I-797 approval notice issued by the USCIS

• I-94 Arrival/Departure form with a departure date that has not yet expired

• Your resume (CV)

• Evidence of employment demonstrated by one of the following:

  • 3 previous paychecks

  • a leave of absence letter or;

  • a letter from the employer.

• University bachelor’s or advanced degree

• University transcript

• Academic evaluation of your degree (university diploma)

• Letters of recommendation from prior employers (optional)

For Employers:

• Copy of the job offer letter showing the salary offered, job title, and duties assigned by both the employer and the H-1B employee

• Job description

• Company brochure or any marketing materials

• Copy of the company’s most recent Financial Statement, Business Plan, or Annual Report, if available

• Copy of the Articles of Incorporation, or company registration documents, if available

How To Extend H1B Visa?

Step 1: Filling a Labor Condition Application (LCA)

The process will begin by filing a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). Whether filing a cap case in the H1B lottery, a cap-exempt petition, an H1B extension, or an H1B transfer employer, applicants always need to start with this step.

The LCA (form ETA-9035) is submitted online, and the DOL typically certifies the LCA within 7 business days. After getting certified, you need to submit a signed copy of LCA to USCIS. The certified LCA is valid for up to 3 years. An H-1B cannot be approved without a valid LCA, so mistakes on the LCA can be costly.

Step 2: Establish a Public Access File (PAF)

You must establish a Public Access File (RAF) within one business day before filing the LCA that could be viewed by any employees affected by the H-1B application.

Step 3: File I-129, Petition for Nonimmigrant Worker

After establishing the PAF, the petitioner will move on to the next step by filing an I-129. The form must be completed, signed, and submitted along with the correct filing fees and related supporting evidence. The approved DOL-certified LCA must be submitted along with the I-129 petition.

Step 4: Submit the Application

As one of the last steps, you can file an application with USCIS. The application can be filed up to 180 days before the intended start date for employment. 

When can I start working during the H-1B extension process?

You can start working after receiving USCIS's receipt of your extension request. It is essential to keep valid status during the H-1B extension period. You are allowed to work up to 240 days before the USCIS’s decision is made or until USCIS notifies extension denials, whichever is earlier. You can keep working as long as you filed an H-1B extension before the expiration of your current H-1B status. 

Can I apply for premium processing to expedite the H-1B extension petition?

Yes, you can. The detailed information can refer to in the H-1B Visa Premium Processing guide.

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