H-1B Extensions: How to Renew Your H-1B and Stay Longer in the U.S.

An H-1B visa allows immigrant workers to remain in the country for three years, with the possibility to extend that visa for three more years. Whether the worker is staying with their current employer or changing employers, the basic extension process is the same: An employer must file Form I-129 plus additional paperwork to petition for the extension on behalf of the worker.

What is an H-1B visa extension?

Also called an extension of H-1B status, extending an H-1B allows a worker to remain in the country and continue working on their current H-1B visa. They do not need to leave the country or go through the H-1B lottery system again.

In most cases, a worker can extend their H-1B visa once after their initial three-year period. The total limit for H-1B visas is six years.

H-1B extensions are sometimes called H-1B renewals. Some U.S. government sites use those terms interchangeably or prefer one over the other. 

Who can file an H-1B extension?

In all cases, an employer must file the H-1B extension on your behalf using Form I-129. You are eligible for an H-1B visa extension if you’re working on a current H-1B visa and are approaching the end of your initial admission period, usually three years.

You are also only eligible for an extension as long as you still meet the requirements for an H-1B visa, meaning you work a qualifying job and your employer is willing to file an extension on your behalf.

When should you file an H-1B extension?

U.S. Citizenship and Immigration Services (USCIS) allows employers to file an H-1B visa extension six months before the end of a worker’s initial admission period.

The safest way to check when your visa status ends is to refer to your most recent Form I-94, which is a record of your arrival issued by U.S. Customs and Border Patrol. This document states your date of entry as well as the date you have to leave by.

In order to avoid any lapses in visa or employment status, it’s safest for your employer to submit the extension petition (Form I-129) and necessary paperwork as soon as possible.

Keep in mind that if a worker spent multiple days or other significant time outside of the U.S. while on their current H-1B visa, the expiration of their three-year period may be lengthened by their time out of their country. USCIS refers to this as “recapture time” and it’s an employer’s responsibility to request eligible recapture time.

How long does it take to get an H-1B extension?

As of October 2025, most H-1B visa extensions are processed within 7.5 months. Processing times are unlikely to be affected by the partial government shutdown in October 2025.

If the processing time for your H-1B extension goes beyond your visa expiration date, you are still authorized to stay in the country while your H-1B petition is being processed. Based on the most recent government guidance regarding the $100,000 fee imposed on certain H-1B filings, it is advised that individuals remain in the United States while their petitions are processed.

How to file an H-1B extension

When filing for an H-1B extension, there are a few basic steps:

1. Gather necessary documents
2. File the H-1B extension petition
3. Wait for a decision from USCIS

These steps represent the key parts of the extension process, but they each include some level of document-gathering or other important considerations.

1. Gather necessary documents

There are a number of documents that need to be submitted during H-1B extension petitions:

• An approved Labor Condition Application (Form ETA-9035) from the DOL
• A copy of the H-1B visa holder’s initial approval letter (Form I-797), passport, and Form I-94
• Documentary evidence that the employee meets the H-1B “speciality occupation” requirements, including copies of education degrees, copies of training and certifications, or evidence of relevant work experience
• A letter or other evidence that the beneficiary employee is still working for the petitioning employer, such as the beneficiary’s last two pay stubs or Form W-2

2. File the H-1B petition and pay filing fees 

The application for an H-1B extension is Form I-129, Petition for a Nonimmigrant Worker, and it must be filed by your employer. This is the same form your employer used to petition your initial H-1B visa, but includes sections specific to extensions.

As of October 2025, the base cost for most employers is $730 when filing online or $780 when filing a paper form. Small employers (25 or fewer employees) and nonprofits receive a lower rate: $460 for online and paper filing.

H-1B petition filing fees (as of October 2025)

	Online filing fee	Paper filing fee
Small employer or nonprofit	$460 + applicable fees	$460 + applicable fees
All other employers	$730 + applicable fees	$780 + applicable fees

In addition to the base filing fees listed above, there are other potential fees to pay depending on your case ranging from an asylum program fee, anti-fraud fee, and ACWIA fee.

If you request H-1B premium processing (Form I-907), that has a fee of $2,965.

3. Wait for a decision from USCIS

After properly submitting Form I-129, there isn’t much to do while USCIS reviews the application. Unless additional documents or evidence of eligibility are requested, the next step is hopefully to get notice of your approved extension and an updated Form I-797. While you’re waiting, you can check your case status on the USCIS website.

In addition to the expiration date on the new H-1B visa, USCIS should also send the worker an updated Form I-94, showing the worker’s final day to legally remain in the country under their H-1B.

➡️ Important: The listed filing fees here are accurate as of November 2025 and are subject to change. We always recommend checking USCIS’s official Filing Fees page or consulting with your immigration attorney for the most up-to-date information on filing fees.

Can I change employers during the H-1B extension process? 

Yes, you can change jobs and employers during the H-1B extension process. This is called an H-1B transfer. Changing jobs won’t reset your visa validity limits and it won’t grant you additional time in the country. You’re still subject to the maximum of six years from your first H-1B visa approval.

Any time you change employers, the new employer should file Form I-129 on your behalf. You can start working for that employer as soon as they file the petition.

As long as your visa status does not lapse, you are eligible for “H-1B portability” and you can change employers and continue working in the country until your most recent H-1B approval expires.

💡 Portability allows H-1B visa holders to change jobs and means that H-1B visa holders can start working for a new employer as soon as the employer files a new petition.

If you’re changing jobs during the extension process or in order to extend your H-1B visa, then you should have the new employer file the Form I-129.

How do H-1B extensions work if I have an approved I-140?

Applying to become a lawful permanent resident, also referred to as a Green Card holder, doesn’t change the basic H-1B extension process explained above. However, it does make you eligible to renew an H-1B visa beyond the six-year limit. 

Ways to extend your H-1B status during the Green Card process 

• If an employer filed for a PERM labor certification (required for some Green Card petitions) or Form I-140 on your behalf at least one year prior to your sixth year on H-1B, you can renew your H-1B in one-year increments beyond the six-year limit.
• If you have an approved Form I-140 but an immigrant visa number on the Visa Bulletin is not available for you (aka your priority date is not current), you can renew your H-1B in three-year increments beyond the six-year limit.
• If you have an approved Form I-140 and an immigrant visa number is available, you can file Form I-485 to adjust your status from H-1B to Green Card holder/legal permanent resident. However, if you can’t file Form I-485 or if you need to maintain H-1B status for another reason, you may be eligible to renew your H-1B visa in one-year increments beyond the six-year limit.

Consult with an immigration attorney for advice specific to your situation. Request a consultation with Manifest today!

Does the new $100,000 H-1B fee affect extensions? 

In September 2025, President Trump issued a proclamation that added a $100,000 fee to new H-1B applications. USCIS guidance has clarified that a simple extension is not subject to the fee. 

What do I do if my H-1B extension is denied? 

While H-1B extensions can get denied, don’t worry! It’s not necessarily the end of the road.

If you do receive a denial, what you should do next depends on why the petition was denied.

1. Send an updated petition

If your petition was denied for technical reasons, like missing paperwork, you may be eligible to have your employer correct the application and petition again. This could also include situations where USCIS deems you ineligible for the H-1B. In that case, your employer would need to submit new evidence that your work or your employer is eligible under the H-1B visa program.

2. Change employers

If your H-1B extension was denied because you are no longer eligible with your current employer or because they chose not to sponsor you, you may be able to change employers and have them petition for an extension. You can begin working for a new employer as soon as they submit Form I-129 to petition for H-1B extension.

3. Pursue a change of status

A change of status is a transfer to another type of visa. Assuming you’re eligible for another visa type, this will allow you to stay in the country beyond your H-1B admission period. Learn more about H-1B alternatives you might consider. 

Take the stress out of your H-1B extension

While an H-1B extension seems like it should be simple, there are many ways the process can either go wrong or drag on longer than you want. The best way to get assistance with your extension petition is to speak with a Manifest Law attorney.

For employers who are petitioning for an H-1B extension, Manifest Law’s H-1B lawyers have experience with companies of all sizes and across industries.

For workers seeking to extend an H-1B visa, Manifest Law can guide you through every step of the process, whether you’re staying with your current employer or trying to change jobs.

👉 Learn more about how an H-1B visa lawyer can help or request a consultation with Manifest Law today.