Ultimate H-1B Extension Toolkit
Interactive checklist, eligibility quiz, and RFE prevention guide. Know your approval chances in 3 minutes.
Quick Eligibility Assessment
Answer 7 questions to discover your H-1B extension pathway and critical deadlines.
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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.
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Core Documents (All H-1B Extensions)
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
Core Documents (All H-1B Extensions)
Additional for 3-Year Extensions (Approved I-140)
Required when I-140 is approved and priority date is retrogressed
Core Documents (All H-1B Extensions)
Additional Required for Time Recapture
Recommended (Not Required but Strengthens Case)
- Flight itineraries and boarding passes
- Hotel reservations or proof of foreign stay
- Email confirmations from airlines/travel agents
7 Critical Mistakes That Cause H-1B Max-Out
Learn from others’ mistakes. These errors have cost thousands their H-1B status.
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.
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.
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.
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.
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Problem: If I-140 approved less than 180 days and withdrawn, you lose 3-year extensions.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.
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.
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.
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
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
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
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.
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
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
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.
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).
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.
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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