Ultimate H-1B Extension Toolkit

Ultimate H-1B Extension Toolkit

Interactive checklist, eligibility quiz, and RFE prevention guide. Know your approval chances in 3 minutes.

23+ Years Experience
15,000+ H-1B Extensions
Attorney-Led Guidance



Quick Eligibility Assessment

Answer 7 questions to discover your H-1B extension pathway and critical deadlines.

Question 1 of 7
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⚡ Quick Calculators

Extension Deadline Calculator

Calculate your critical deadlines

Time Recapture Calculator

Calculate reclaimable days from trips outside U.S.

Document Readiness Checklist

Ensure you have all required documents for your H-1B extension application. Core documents remain the same across all extensions, with additional category-specific documents listed below.

Document Readiness
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Core Documents (All H-1B Extensions)

Form I-129 (Petition for Nonimmigrant Worker)
Labor Condition Application (LCA) certified by DOL
Current H-1B approval notice (Form I-797)
Recent pay stubs (last 3 months)
Copy of passport (bio page and visa stamps)
Current I-94 record (print from i94.cbp.dhs.gov)

Additional for 1-Year Extensions (365-Day Rule)

Required when PERM or I-140 was filed at least 365 days before your H-1B expires

Copy of pending or approved PERM Labor Certification (ETA Form 9089)
Proof that PERM/I-140 was filed at least 365 days before H-1B expiration

Core Documents (All H-1B Extensions)

Form I-129 (Petition for Nonimmigrant Worker)
Labor Condition Application (LCA) for 3 years
Current H-1B approval notice (Form I-797)
Recent pay stubs (last 3 months)
Copy of passport (bio page and visa stamps)
Current I-94 record (print from i94.cbp.dhs.gov)

Additional for 3-Year Extensions (Approved I-140)

Required when I-140 is approved and priority date is retrogressed

I-140 approval notice (EB-1, EB-2, or EB-3)
Current Visa Bulletin showing priority date is NOT current

Core Documents (All H-1B Extensions)

Form I-129 (Petition for Nonimmigrant Worker)
Labor Condition Application (LCA) certified by DOL
Current H-1B approval notice (Form I-797)
Recent pay stubs (last 3 months)
Copy of passport (bio page and visa stamps)
Current I-94 record (print from i94.cbp.dhs.gov)

Additional Required for Time Recapture

Detailed chart of ALL trips outside U.S. with exact departure and return dates
Copy of passport pages showing ALL entry/exit stamps
I-94 travel history from CBP (print from i94.cbp.dhs.gov)
Form I-129 with recapture calculation worksheet
All previous H-1B approval notices covering the travel periods

Recommended (Not Required but Strengthens Case)

  • Flight itineraries and boarding passes
  • Hotel reservations or proof of foreign stay
  • Email confirmations from airlines/travel agents
Important: USCIS may NOT send RFEs for missing evidence. Only documented time will be approved. Provide comprehensive documentation for all claimed periods.

7 Critical Mistakes That Cause H-1B Max-Out

Learn from others’ mistakes. These errors have cost thousands their H-1B status.

1

Waiting Until Year 5 to Start PERM

Problem: PERM takes 12-18+ months. DOL audits add 6-12 months.

Consequence: Miss 365-day deadline, forced to leave U.S.

Solution: Start PERM by beginning of Year 4.

2

Assuming Employer Understands Timelines

Problem: Many employers don’t realize PERM must be filed 365 days before 6-year mark.

Consequence: Process starts too late to meet deadline.

Solution: Take ownership. Track timeline and initiate discussions early.

3

Not Tracking Time Outside U.S.

Problem: Days abroad can be recaptured. Without documentation, you lose this time.

Consequence: Miss opportunity to extend by months or a year.

Solution: Keep detailed log. Save passport stamps, I-94s, boarding passes.

4

Believing Retrogression Only Affects India/China

Problem: EB-3 retrogression now impacts ALL countries including Rest of World.

Consequence: Unexpected delays, can’t file I-485.

Solution: Check Visa Bulletin monthly at travel.state.gov.

5

Switching Employers Without Understanding I-140 Portability

Problem: If I-140 approved less than 180 days and withdrawn, you lose 3-year extensions.

Consequence: Back to 1-year extensions or lose eligibility.

Solution: Wait 180 days after I-140 approval before changing jobs.

6

Missing the 365-Day Filing Deadline

Problem: PERM/I-140 must be filed 365 days BEFORE 6-year expiration. Day 364 is too late.

Consequence: No extension eligibility. Must leave U.S. for 1 year.

Solution: Calculate precisely. File PERM in Year 4 for buffer.

7

Not Monitoring Visa Bulletin Monthly

Problem: Priority dates change. If current for 1 year without filing I-485, may lose extensions.

Consequence: Miss I-485 window, lose H-1B extension ability.

Solution: Check bulletin 1st of every month. File I-485 immediately when current.

📊 Extension Statistics

Processing Times:

  • Average PERM processing: 12-18 months (24+ with audit)
  • I-140 processing: 4-6 months regular, 15 days premium ($2,805)

Estimated Wait Times (as of late 2025):

  • India EB-2 and EB-3: Both approximately equal now at 10-20+ years (priority dates in 2012-2013 range with 2-4 months annual movement)
  • China EB-2: Approximately 5-7 years
  • China EB-3: Approximately 5-7 years
  • Rest of World EB-2: Generally current to 2-3 years
  • Rest of World EB-3: 1-3 years (increasing)

Note: Wait time estimates vary significantly by source and change monthly. EB-2 and EB-3 for India are currently about equal. Always check the most recent Visa Bulletin at travel.state.gov for current priority dates.

Frequently Asked Questions

Comprehensive answers to common H-1B extension questions.

ℹ Can I extend my H-1B after 6 years if my I-140 is approved but priority date is not current?

Yes. With approved I-140 and retrogressed priority date, you qualify for 3-year extensions under AC21 Section 104(c).

Requirements:

  • I-140 approved (EB-1, EB-2, or EB-3)
  • Priority date not current (check Visa Bulletin)
  • Unlimited 3-year extensions until date becomes current
ℹ What happens if my PERM is filed late and I don’t qualify for extension?

If PERM/I-140 not filed 365 days before 6-year mark and no approved I-140:

  • Time Recapture: Calculate days outside U.S. to extend deadline
  • Change Status: Switch to F-1, H-4 until 365 days pass
  • Leave U.S.: Work remotely, return when eligible
  • Premium Processing: If PERM approved, expedite I-140 ($2,805)
  • Alternative Visas: Explore O-1, E-2, L-1
  • Reset Clock: Leave U.S. 1 year to reset eligibility
ℹ Can I change employers and keep using my I-140 for extensions?

Yes, but timing matters:

I-140 approved 180+ days:

  • Change employers freely
  • Valid for extensions even if withdrawn by old employer
  • Get 3-year extensions with new employer (if priority date retrogressed)
  • Priority date protected

I-140 approved less than 180 days:

  • Old employer can withdraw
  • If withdrawn, you lose 3-year extension eligibility
  • Priority date still retained for future I-140s
  • Wait 180 days before changing jobs
ℹ How do I check if my priority date is current?

Check the Visa Bulletin monthly:

  • Visit travel.state.gov/visa-bulletin
  • Look at “Final Action Dates” chart
  • Find your category (EB-1, EB-2, EB-3) and country of birth (not country of citizenship or nationality)
  • If date shown is AFTER your priority date, you’re current
  • If date shown is BEFORE your priority date, you’re retrogressed

Example: Your priority date is March 15, 2020. India EB-2 Visa Bulletin shows January 15, 2013. You are retrogressed because the bulletin cutoff (January 2013) is before your priority date (March 2020), meaning they haven’t reached your application yet.

ℹ What’s the safest timeline to start the green card process?

Ideal: Start PERM by beginning of Year 4 (no later than middle of Year 4)

Why:

  • PERM takes 12-18 months average
  • DOL audits add 6-12 months
  • Buffer time for delays
  • Ensures 365-day requirement met

Conservative Timeline:

  • Year 3: Discuss sponsorship
  • Beginning of Year 4: Begin PERM
  • Year 5: PERM approved, I-140 filed
  • Before Year 6: I-140 approved for 3-year extensions
ℹ Can I recapture time from weekend trips outside U.S.?

Yes, but only full 24-hour days count.

Rules:

  • Only FULL days (24 hours) outside U.S. reclaimable
  • Departure/return days are partial (don’t count)
  • Purpose doesn’t matter (business or personal)
  • Must provide documentary evidence

Example:

  • Friday evening departure (partial – doesn’t count)
  • Saturday outside U.S. (counts ✓)
  • Sunday outside U.S. (counts ✓)
  • Monday morning return (partial – doesn’t count)
  • Total reclaimable: 2 days
ℹ Does time on L-1 visa count toward my H-1B 6-year limit?

Yes. L-1 time counts against H-1B limit (and vice versa).

Example:

  • 3 years on L-1A
  • Changed to H-1B
  • Only 3 years H-1B remaining (6 – 3 = 3)

Exception: 1 full year outside U.S. after L-1 resets the clock.

Strategy: If you used L-1 time, start PERM early—at least 2 years before end of 6 years.

ℹ Can I file H-1B transfer while I-140 is pending?

Yes. You can change employers with pending I-140.

How it works:

  • Old employer’s pending I-140 remains valid (unless employer withdraws)
  • New employer files H-1B transfer
  • If I-140 or PERM filed 365+ days ago, still get 1-year extensions
  • New employer should start new PERM/I-140 immediately
  • Retain old priority date in new I-140 if previous I-140 was approved and not withdrawn

Risk: Old employer might withdraw before approval—no priority date protection without approval. Once I-140 is approved, priority date is protected even if employer later withdraws (after approval).

ℹ What is the 60-day grace period after termination?

If employment ends (layoff/resignation), you get up to 60-day grace period or until I-94 expires, whichever comes first.

During grace period:

  • Look for new employment
  • Once new employer files transfer, start working immediately
  • With approved I-140, get beyond-6-year extensions

Important: One-time grace period per validity period.

ℹ Should I use H-1B extension or EAD after filing I-485?

Both have advantages. Many maintain both.

H-1B Advantages:

  • Safer if I-485 denied (remain in status)
  • Travel without Advance Parole
  • Clear employment documentation

EAD Advantages:

  • Work for any employer
  • Multiple employers simultaneously
  • Self-employment allowed
  • No employer-sponsored renewals
  • H-4 spouse can continue working

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