H-1B Extension Guide: How and When to Apply to Extend H1B Status (2025-2026)

The H-1B visa is one of the most sought-after U.S. work visas. It opens doors for skilled professionals to build careers in America’s most innovative industries.

After years of education, job searching, employer sponsorship, and navigating the USCIS lottery, receiving H-1B approval is an enormous achievement. But every H-1B worker eventually faces one major question:

What happens when my H-1B visa is about to expire?

This comprehensive guide explains everything you need to know about extending your H-1B visa — including who qualifies, how to apply, how long you can stay, common pitfalls, and how an extension connects to a green card.

We’ll also include official links, practical tips, and visual breakdowns to help you and your employer plan ahead.

1. What Is H-1B Status?

The H-1B visa is a nonimmigrant classification that allows U.S. employers to hire foreign professionals in specialty occupations. These jobs require at least a bachelor’s degree or its equivalent in a specific field such as IT, engineering, finance, or medicine.

H-1B status is available to a foreign national who meets the specialty occupation requirements.

The employer, not the employee, must file the petition with U.S. Citizenship and Immigration Services (USCIS).

For official information:

• USCIS: H-1B Specialty Occupations
• USCIS H1B FAQs

Once approved, you receive H-1B status, allowing you to live and work in the U.S. temporarily.

2. How Long Can You Stay on an H-1B Visa?

Your initial H-1B approval is typically valid for three years, and it can be extended for an additional three years, for a total of six years. Under U.S. immigration law, there is a six year limitation on H-1B status.

If you’ve traveled outside the U.S. during this period, you may recapture that time — effectively extending your stay.

Can an H-1B visa be extended beyond six years?Yes — if you have a pending or approved PERM labor certification or I-140 petition, you may qualify for extensions beyond six years. In certain cases, a three year extension may be available if your I-140 is approved and your priority date is not current.

Once your six years end, if you haven’t started the green card process, you must leave the U.S. for one full year before reapplying for a new H-1B.

3. Legal Framework for H-1B Extensions

Two laws govern H-1B extensions beyond the standard six years:

• The American Competitiveness in the 21st Century Act (AC21)
• The 21st Century Department of Justice Appropriations Authorization Act (DOJ Act)

Extensions beyond the six-year maximum are only available in limited circumstances as defined by law.

Under AC21, an H-1B worker can extend status in one-year increments beyond six years if:

• A PERM labor certification or Form I-140 has been filed 365 days or more before the end of the sixth year; and
• The case remains pending or awaiting visa availability. If 365 days have passed since a Labor Certification Application or an I-140 petition was filed, an H-1B holder may request a one-year extension of their visa status.

Read the official guidance

H1B FAQUSCIS: AC21 Portability and Extension Policy Memo

4. When to File for Your H-1B Extension

Do not wait until your current visa expires.Your employer should file the H-1B extension before the current stay ends. USCIS recommends submitting the extension up to six months in advance.

Can you keep working while your H-1B extension is pending?Yes. If your employer files before your I-94 expires, you may continue working for your current employer for up to 240 days while the petition is under review.

If your employer files late, you can still qualify if you show that:

• The delay was beyond your control;
• You maintained valid status;
• You did not violate visa terms; and
• You are not in removal proceedings.

5. Extending H-1B Beyond Six Years

The six-year maximum can be extended under two primary situations:

1. PERM Labor Certification Pending:If your PERM was filed over one year ago and remains undecided.
2. Approved I-140, but No Visa Number Available:If you’re waiting for your priority date to become current.

H-1B extensions beyond six years are often tied to the employment based green card process. A pending or approved PERM application is a crucial step in this process, as it allows eligible H-1B holders to continue extending their stay while pursuing permanent resident status.

Under the 2017 DHS Final Rule, the I-140 must have been filed at least 365 days before your exemption period begins.

See the rule about H1B prevailing wage requirements: Federal Register: High-Skilled Worker Final Rule

6. How to Apply: Step-by-Step Filing Requirements

Your employer must submit an extension request to USCIS by filing Form I-129 (Petition for a Nonimmigrant Worker) with the H Supplement.

The following documents are typically required to support your H-1B extension request: pay stubs, I-94 records, and the original H-1B approval notice, along with all other required supporting evidence.

Key Supporting Documents

• Employment Letter: Job title, duties, salary, and worksite.
• Copy of Passport and I-94 Record (latest version).
• Academic Credentials: Degrees, transcripts, or credential evaluations.
• Pay Stubs and W-2s: Proof of ongoing employment and compensation.
• Previous I-797 Approval Notices.
• Certified Labor Condition Application (LCA): From the U.S. Department of Labor. The employer must wait and obtain an approved LCA from the Department of Labor before filing the I-129 to proceed with the H-1B extension. DOL FLAG System
• Note: The H-1B worker must be physically present in the United States at the time of filing the extension.

If your extension goes beyond the sixth year, include evidence of:

• PERM or I-140 filing over 365 days ago; or
• Approved I-140 awaiting visa availability.

Tip: If more than three years have passed since your initial petition, your employer must obtain a new certified LCA before filing.

General Timelines:

• LCA Certification: 2–4 weeks
• I-129 Preparation and Filing: 1 week
• Regular Processing: 3–6 months
• Premium Processing: 15 calendar days

7. H-4 Dependents and EAD Extensions

H-4 family members (spouses and unmarried children under 21) may extend their stay using Form I-539. Dependent family members, including H-4 spouses and children, are eligible to apply for extensions and should file Form I-539. H-4 visa extensions should be filed concurrently with the primary H-1B extension application.

H-4 EAD Work Authorization

If your I-140 is approved, your H-4 spouse can apply for an Employment Authorization Document (EAD) using Form I-765.
Once granted, they may work for any U.S. employer without restriction.

Official guidance:
USCIS H-4 Employment Authorization

If your I-140 is withdrawn or you change jobs before obtaining a new approval, your spouse’s EAD remains valid until it expires, but cannot be renewed without another approved I-140.

Policy Alert: A pending proposal seeks to eliminate the H-4 EAD program. For updates, monitor the Federal Register Notices.

8. H-1B Extension Filing Fees and Costs

Employers generally pay the same set of fees as required for the initial H-1B petition.

Premium Processing

Premium Processing ensures a USCIS decision within 15 calendar days.

If the employee elects to pay for this service, the employer must confirm in writing that it is for employee convenience, not a substitute for employer responsibility.

Learn more: USCIS Premium Processing Service

9. Top Reasons USCIS Denies H-1B Extensions

Denials can occur even for experienced workers. Understanding common pitfalls can help you avoid them.

Specialty Occupation Doubts

USCIS may question whether the job truly requires a specialized degree.
Provide detailed duties, industry evidence, and educational requirements.

Employer–Employee Relationship

USCIS must see that the petitioning employer controls your work (hire/fire authority, supervision, salary).
Off-site contractors should include client letters confirming this structure.

Status Violations

Unauthorized employment, unpaid leave, or crime can result in denial and removal.

Missing Pay Evidence

Failure to show continuous paid employment may imply you were out of status.

Pro Tip: Always keep pay stubs, tax filings, and I-94 records. These are vital during audits and extensions.

From H-1B to Green Card

One of the H-1B visa’s greatest advantages is dual intent — meaning you can pursue a U.S. green card while remaining on a temporary work visa.

You may qualify under the following employment-based categories:
To apply, you must be eligible under the specific requirements for each category.

• EB-1: Priority Workers (extraordinary ability, multinational executives, researchers)
• EB-2: Advanced-degree professionals or persons of exceptional ability
• EB-3: Skilled and professional workers

Three Key Stages of the Green Card Process

1. PERM Labor Certification

• Employer proves no qualified U.S. worker is available.
• Required for EB-2 and EB-3 applicants.

2. Form I-140 Immigrant Petition

• Employer files to establish your eligibility and ability to pay.
• Official instructions: USCIS I-140 Guide

3. Form I-485 Adjustment of Status

• Once your priority date is current per the State Department Visa Bulletin, you may apply to adjust your status to permanent residence.

If you are filing for an H-1B extension based on a pending PERM or I-140, the requested start date for the extension must be after the petition has been pending for at least 365 days.

During this phase, USCIS schedules biometrics appointments and may request additional evidence before issuing a decision.

Presidential Proclamation (September 2025): Understanding the $100,000 H-1B Filing Fee

In September 2025, the White House issued a Presidential Proclamation that dramatically altered the cost landscape for H-1B petitions. This new order — effective September 21, 2025 — introduced a supplemental $100,000 filing fee for certain H-1B visa petitions.

The purpose, according to the administration, was to “safeguard the U.S. labor market” and limit the entry of foreign workers through higher cost thresholds.

You can read the official proclamation here:
White House Presidential Action (September 19, 2025)

Who Must Pay the $100,000 Fee

According to initial USCIS and Department of Homeland Security (DHS) guidance, the new $100,000 H-1B fee:

• Applies only to new petitions filed on or after 12:01 a.m. EDT, September 21, 2025
• Does not apply to petitions filed before that date
• Targets petitions involving entry or reentry of foreign workers under H-1B status

“The Proclamation applies prospectively to new petitions filed on or after September 21, 2025. It does not alter fees associated with renewals or extensions.”
— USCIS H-1B FAQ (Official)

Will the $100,000 Fee Apply to H-1B Extensions or Employer Transfers?

H-1B Extensions (Renewals)

The USCIS has clarified that the $100,000 fee does not apply to H-1B extensions or renewals.
If you are already in valid H-1B status in the U.S., and your employer files a timely extension before your current stay expires, no additional $100,000 payment is required.

USCIS FAQ

Change of Employer (H-1B Transfer)

For H-1B workers who are already in the U.S. and wish to change employers, current USCIS guidance is uncelar on whether the $100,000 fee applies.

While it is true that transfer petitions are domestic filings that do not involve new entry into the United States. The proclamation specifically focuses on entry and admission, not internal job transfers. We will have to wait for additional guidance from USCIS

New H-1B Petitions for Workers Outside the U.S.

The new fee does apply if the beneficiary is outside the U.S. and seeks to enter under a new petition filed on or after September 21, 2025.

This includes:

• New hires abroad
• Returning former H-1B workers seeking readmission

Consular officers and Customs and Border Protection (CBP) agents have been instructed to verify payment of the $100,000 supplemental fee during visa issuance or port-of-entry inspection.

Potential Gray Areas and Risks

Although official sources agree that the $100,000 fee does not apply to extensions or employer transfers within the U.S., several unresolved questions remain.

1. Travel and Reentry

If an H-1B worker leaves the U.S. after September 21, 2025, and seeks reentry using a petition filed after that date, CBP could — in theory — require the $100,000 payment as a condition of admission.
No agency has yet confirmed whether this will occur, but it remains a potential risk.

2. Change of Status (e.g., F-1 to H-1B)

If a person already in the U.S. changes status from another visa (e.g., F-1 or L-1) to H-1B without departing, they are not seeking “entry” under the proclamation.
Therefore, the $100,000 fee MAY not apply in pure change-of-status cases. Again, this is unclear and we will have to wait for USCIS guidance

3. Consular Processing After Domestic Filing

Even if the petition was filed in the U.S., if the worker later travels abroad and applies for a visa stamp under a post-September 21, 2025 petition, the Department of State may treat that entry as subject to the new fee.
This is an area to monitor as further joint guidance is expected.

Summary Table: $100,000 H-1B Fee Applicability

Key Takeaways

• The $100,000 fee applies only to new H-1B petitions filed after September 21, 2025
• It does not affect extensions, renewals for workers already in valid status inside the U.S.
• Gray areas remain regarding change of employers, change from one non-immigrant statust o H1B, travel and consular stamping — future DHS and CBP guidance is expected.
• Always verify your filing date, maintain records of your I-797 approval notice, and consult USCIS updates for new clarifications.

For the latest official updates:

• USCIS Newsroom – H-1B Proclamation Updates
• White House Presidential Actions Archive
• Department of Homeland Security H-1B Visa Program Page

Frequently Asked Questions (FAQs) on H1B Extension

Q1. When should I start my H-1B extension process?Begin at least six months before your visa expires. This allows time for LCA certification, document collection, and USCIS review.

Q2. What happens if my H-1B extension is denied?You must stop working immediately. You may file a motion to reopen, appeal, or depart the U.S. before accruing unlawful presence.

Q3. Can I transfer my H-1B while filing an extension?Yes. Your new employer must file a transfer petition, allowing you to start work once USCIS issues a receipt notice.

Q4. Does remote work affect my extension?Yes. If your worksite changes, your employer must amend the LCA to reflect the new location.

Q5. Can I recapture time spent outside the U.S.?Yes. Submit entry/exit stamps or I-94 travel records showing the days you were abroad.

Q6. How long does an H-1B extension take?

• Regular Processing: 3–6 months
• Premium Processing: 15 days

Q7. What if my passport expires before my new H-1B validity?USCIS will only approve the extension up to the passport expiration date. Renew your passport early to avoid shortened approval periods.

Frequently Asked Questions (FAQs): Filing for an H-1B Extension

What is an H-1B extension?An H-1B extension is a petition filed by your U.S. employer to extend your stay in H1B status beyond your current expiration date, allowing you to continue working legally in the U.S. under the same or updated employment conditions. This process is necessary to maintain your H1B status and lawful presence.

When should I file for an H-1B extension?You should begin preparing your H-1B visa extension at least six months before your current H-1B expires. USCIS allows employers to file an extension petition up to 180 days before expiration. Filing early avoids status gaps and work interruptions.

Can I keep working while my H-1B extension is pending?Yes. If your employer files the extension before your I-94 expires, you are authorized to continue working for up to 240 days beyond your expiration date while USCIS processes your case.

Who files the H-1B extension?Your U.S. employer, not you, must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, along with supporting documentation and a certified Labor Condition Application (LCA). The employer submits the extension request to USCIS on your behalf.

Can I file the H-1B extension myself?No. The employer is the petitioner; the H-1B worker is the beneficiary. You cannot self-petition for an H-1B extension.

What documents are required for an H-1B extension?Key supporting documents include:

• Updated employment letter with job title, duties, and salary
• Certified LCA from the Department of Labor
• Copies of pay stubs, W-2s, and prior I-797 approval notices
• Valid passport and I-94 record
• Academic credentials (degree, transcript, or evaluation)

Does my employer need a new Labor Condition Application (LCA)?Yes. A new certified LCA is required for any H-1B extension or amendment, especially if job location, role, or salary changes.

Can I change jobs while applying for an extension?Yes, but your new employer must file a new petition (H-1B transfer). Once USCIS issues a receipt notice, you can begin working for the new employer even before approval.

Can an H-1B extension be filed after my current status expires?Late filings are risky. USCIS may accept a late extension only if the delay was due to extraordinary circumstances beyond your control, and you maintained lawful conduct.

Can I extend H-1B status beyond six years?Yes, under the American Competitiveness in the 21st Century Act (AC21). You may extend H-1B status beyond six years if:

• A PERM labor certification or I-140 petition has been pending over 365 days, or
• You have an approved I-140, but no immigrant visa number is available due to priority date backlog.

What happens if my H-1B extension is denied?If denied, your work authorization ends immediately. You may: If your H-1B extension petition is denied, you will likely have a few choices available to you.

• File a motion to reopen or reconsider, resolving the issue causing the denial before reapplying.
• Appeal to the Administrative Appeals Office (AAO), or
• Depart the U.S. to avoid accruing unlawful presence.

Can I travel abroad while my H-1B extension is pending?If you leave the U.S. while your extension is pending, the petition may be considered abandoned. You can travel after approval, using your new I-797 notice and valid visa stamp.

Do I need a visa stamp for an H-1B extension?No, not if you stay in the U.S. However, if you travel internationally, you’ll need a new visa stamp in your passport before returning.

Can I use Premium Processing for my H-1B extension?Yes. By paying an additional fee, USCIS will process your petition within 15 calendar days. This can reduce delays but does not guarantee approval. An additional fee can be paid for premium processing, which guarantees a response from USCIS within 15 calendar days.

What is the fee for filing an H-1B extension?The cost includes:

• I-129 base fee ($460)
• ACWIA training fee ($750 or $1,500 depending on company size)
• Fraud prevention fee ($500)
• Optional Premium Processing fee ($2,805)

The employer must pay most of these fees.

Can the H-1B extension be denied for job changes?Yes. If your duties, role, or qualifications no longer match a “specialty occupation”, USCIS may question eligibility. Employers should submit detailed job descriptions proving specialized skills.

Can I extend my H-1B if I was previously on an L-1 or H-4 visa?Yes, but time spent in L-1 or H status counts toward the six-year maximum. You can recapture any days spent outside the U.S. to regain unused time.

Can I include my dependents (H-4) in my H-1B extension?Yes. Your spouse and children must file Form I-539 to extend H-4 status. If you have an approved I-140, your H-4 spouse can apply for an EAD (work permit).

Can my employer withdraw my extension after filing?Yes, employers can withdraw petitions before approval. Once approved, they must notify USCIS if employment ends early. The H-1B worker may transfer to another employer or change status.

Does an H-1B amendment count as an extension?No. An amendment updates USCIS on changes in job duties, location, or structure, but does not automatically extend stay. Employers may file both amendment and extension together if needed.

What is the difference between an H-1B renewal and extension?They are often used interchangeably. A renewal generally refers to a visa stamp update, while an extension refers to prolonging H-1B status through USCIS approval.

How long does USCIS take to process an H-1B extension?Processing times vary by service center:

• Regular processing: 3–6 months
• Premium processing: 15 calendar days

Delays can occur if Requests for Evidence (RFEs) are issued.

What are common reasons for H-1B extension denial?Denials often occur due to:

• Failure to prove a specialty occupation
• Insufficient wage documentation
• Inconsistent pay records or missing W-2s
• Unauthorized employment or status violation

Can I file an H-1B extension and green card application at the same time?Yes. H-1B allows dual intent, so you can extend H-1B while applying for PERM, I-140, or I-485 adjustment of status.

Can I extend H-1B while my green card is pending?Yes. As long as your PERM or I-140 has been filed at least 365 days before your six-year limit, you can keep extending annually until your green card is approved.

Can I recapture time spent outside the U.S. for my extension?Yes. Provide travel records, passport stamps, and I-94 entries/exits to document days abroad. This can extend your total H-1B duration beyond six years.

Does H-1B extension approval automatically update my I-94?Yes. When approved while you are in the U.S., USCIS issues a new I-94 at the bottom of your I-797 approval notice, reflecting your new validity period. You will also receive an official approval notice (note) from USCIS, which serves as the formal record of your extension approval.

Can I switch to another visa while my extension is pending?Yes, if you qualify for another visa type. You can file a change of status application while the H-1B extension is under review, but approval of one may supersede the other.

Does my employer need to show ability to pay during extension?Yes. USCIS may request financial evidence (e.g., tax returns, payroll, bank statements) showing your employer can pay the prevailing wage during the extended period.

Can an H-1B extension be filed if I’m on unpaid leave?Unpaid leave may cause status issues unless it’s for legitimate reasons (e.g., medical, maternity, or protected leave). Employers should document such absences carefully.

If my employer merges or changes name, do I need a new petition?If the successor entity assumes all rights and obligations of the prior employer, a new petition may not be needed. However, USCIS often requires notice and documentation.

Do I need to remain in the same job title for extension approval?Not necessarily, but the new job must still qualify as a specialty occupation and be related to your field of study. Significant changes may require an amendment.

Can I expedite an extension due to urgent circumstances?Yes. You can request expedited processing if you meet USCIS criteria, such as severe financial loss, humanitarian reasons, or national interest considerations.

Does a change in salary affect my H-1B extension?Yes. Salary must meet or exceed the prevailing wage listed in your LCA. If pay increases significantly or duties change, an amendment may be required.

Can my attorney file the H-1B extension electronically?Yes. Many H-1B extension filings are now accepted through the USCIS online portal, but employers must maintain wet signatures for original forms.

What should I do if I receive a Request for Evidence (RFE)?Respond promptly with complete supporting documentation. Common RFE topics include degree equivalency, specialty occupation proof, or employer-employee control.

How do I check the status of my H-1B extension?Use the USCIS Case Status Tool and your receipt number. Regularly monitoring helps you act quickly if RFEs or delays occur. Processing times for H1B extension petitions can vary, typically taking four to eight months without premium processing.

Can I extend my H-1B if I am outside the U.S.?If you are abroad, your employer can file an extension petition, but you’ll need to obtain a visa stamp before reentry.

How many times can I extend my H-1B?You can extend until you reach six years total, and then beyond six years only if you qualify under AC21 provisions linked to green card processing.

Can I continue working if I receive my H-1B extension approval after expiration?Yes, if the extension was timely filed. The approval will backdate your lawful status to ensure continuous employment authorization.

Do dependent H-4 visas expire when the H-1B does?Yes. Dependents’ H-4 status is tied to the principal’s H-1B. They must also file timely I-539 extensions to maintain lawful presence. H-4 visa extensions are tied to the primary H-1B holder’s visa status.

What should I do if I plan to switch employers while an extension is pending?Your new employer can file a transfer petition even while the previous extension is pending. Once USCIS issues a receipt notice, you may begin working for the new employer.

Can I hold multiple H-1B jobs while filing for extension?Yes, if each employer files a concurrent H-1B petition. You must maintain compliance with all positions individually.

If my passport expires, how does it affect my extension?USCIS will limit approval to your passport expiration date. Renew your passport early to avoid a shortened approval period. If you are considering employment-based immigration, you may want to learn more about affordable PERM labor certification attorney fees.

Can I appeal an H-1B extension denial?Yes. You may file an appeal or motion within 30 days of denial to the Administrative Appeals Office (AAO).

Frequently Asked Questions: The $100,000 H-1B Fee (Presidential Proclamation, September 2025)

Q1. Does the $100,000 H-1B fee apply to extensions or renewals?
No. According to USCIS, the new $100,000 fee introduced under the September 2025 Presidential Proclamation does not apply to extensions or renewals.

USCIS clarified that the proclamation “does not alter any fees associated with renewals or extensions.”
➡️ USCIS H-1B Specialty Occupations Guidance

Q2. Will I need to pay the $100,000 fee if I change employers while already in H-1B status?
No. The change-of-employer (transfer) process is filed inside the United States and does not involve new entry into the country. The proclamation targets new petitions requiring entry or admission, not internal transfers.
➡️ Department of Homeland Security – H-1B Visa Program

Q3. Does the fee apply if I am outside the U.S. and my employer files a new petition after September 21, 2025?
Yes. The $100,000 supplemental filing fee applies to petitions filed for workers located abroad seeking new admission to the U.S. under H-1B status.
➡️ White House Presidential Actions – September 19, 2025

Q4. What if I change status from F-1 or L-1 to H-1B while inside the United States?
You will not be subject to the $100,000 fee. A change of status does not involve entry or reentry, so the proclamation’s provisions do not apply.
➡️ USCIS – Change My Nonimmigrant Status

Q5. Could the fee apply if I travel abroad and reenter under a petition filed after September 21, 2025?
Possibly. While official guidance has not yet confirmed this scenario, CBP officers could require proof of fee payment at port of entry if the underlying petition was filed after the effective date.
Until DHS and CBP issue clarification, travel should be planned cautiously.
➡️ Customs and Border Protection – Visa and Entry Policies

Q6. What if my employer filed my petition before September 21, 2025?
You are not affected. The proclamation applies prospectively, only to petitions filed on or after September 21, 2025. Petitions filed prior to that time remain governed by previous fee rules.
➡️ USCIS Newsroom – Policy Updates

Q7. Are there any exceptions or waivers to the $100,000 fee?
As of now, no exceptions or waivers have been announced. All new H-1B petitions requiring entry from abroad after September 21, 2025, appear subject to the fee. Future rulemaking may provide clarifications.
➡️ Department of Homeland Security – Policy Announcements

Q8. Where can I find official updates on this proclamation and its implementation?
You can monitor official agency pages for new developments:

• USCIS Newsroom – H-1B Proclamation Updates
• White House Presidential Actions Archive
• Department of State – Nonimmigrant Visa Updates

Why Work with an Immigration Attorney

The H-1B extension process is document-heavy, time-sensitive, and often subject to strict interpretation by USCIS. Even small errors — such as outdated job duties or missing pay slips — can lead to costly denials.

An experienced immigration lawyer can:

• Assess eligibility for six-year and AC21 extensions
• Prepare robust documentation to preempt USCIS concerns
• Handle RFEs (Requests for Evidence) swiftly and strategically
• Develop green card transition plans
• Ensure compliance with Department of Labor and USCIS rules

By partnering with seasoned counsel, you reduce delays and protect your legal status.

Need Answers About Your H-1B Extension? Speak with a Nationally Recognized Immigration Attorney Today

Whether you’re an employer navigating complex USCIS filing rules or a high-skilled professional worried about your H-1B renewal, job change, or green card transition, you deserve trusted legal guidance backed by decades of success.

For more than 30 years, Attorney Richard T. Herman has helped H-1B employers and workers nationwide strategically plan extensions, overcome RFEs, and secure long-term immigration success. As the co-author of the acclaimed book Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker), Herman is not just an attorney — he is a national advocate for the economic and community impact of welcoming immigrants. Herman Legal Group is a nationally recognized immigration law firm with extensive experience in complex federal litigation, visa extensions, and serving clients across the United States.

Snippet Call-Out:Richard Herman has dedicated over three decades to helping employers and H-1B professionals protect their status, extend their stay, and build lasting futures in the U.S.

Why Choose Richard T. Herman for Your H-1B Extension Case

• Over 30 Years of Immigration Law Experience — Deep, hands-on knowledge of H-1B policy, AC21 extensions, and change-of-employer filings.
• Nationally Recognized Advocate — Quoted in major media outlets for his leadership in immigration reform and business innovation.
• Comprehensive Strategy Sessions — Every consultation focuses on both compliance and long-term planning toward permanent residence.
• Multilingual Legal Team — Serving clients worldwide in more than 12 languages.
• Author & Thought Leader — Co-author of Immigrant, Inc., available on Amazon, which highlights the transformative role of immigrants in America’s economy.

What You’ll Gain in Your Consultation

• Personalized review of your H-1B status, extension timeline, and options under current law.
• Assessment of employer obligations and how to avoid DOL or USCIS pitfalls.
• Step-by-step plan to prepare your Form I-129, LCA, and evidence package.
• Guidance on travel, recapture time, AC21 extensions, and green card transition strategies.
• Clarity and confidence from an attorney who’s navigated every major H-1B policy change since the 1990s.

Take Control of Your H-1B Future Today

Don’t risk costly mistakes or lost work authorization. Schedule a one-on-one strategy session with Richard T. Herman and his award-winning team at Herman Legal Group. Learn how to safeguard your career, protect your employees, and plan your immigration future with precision.

📞 Book Your Consultation Now — and take the next step toward security, stability, and peace of mind.

Disclaimer: This content is attorney advertising and is intended for informational purposes only. It does not constitute legal advice. Contacting Herman Legal Group or submitting information through this website does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.

More Resources from Herman Legal Group

Related Post About H-1B Visa:

• Everything You Need To Know About H-1B Myths vs Facts
• What H-1B Lottery Results Says About Odds?
• Can an H-1B Holder Start a Business?
• H-1B Lottery 2022 (fy 2023)
• Form H-1B to Marriage Green Card
• L-1 Visa vs H-1B Visa Comparison
• The Labor Condition Petition (LCA) for H-1B Workers
• H-1B Visa: The Complete Guide
• H-4 Visa Status for Dependents of H-1B workers
• Changing Jobs in Midstream: H-1B Portability
• The H-1B to Green Card Transition Through PERM Labor Certification
• H-1B Visa Cap 2022 (fy 2023)
• New or Amended H1B Petitions After Material Change
• H-1B Labor Condition Application
• H-1B for Entrepreneurs and Startups (Self-Sponsorship)

Our Clients Success Stories

• Analyst from India Receives H-1B Approval
• Software Engineer Receives H-1B

Comprehensive Resource List: Filing an H-1B Extension

T1. U.S. Citizenship and Immigration Services (USCIS)

• H-1B Specialty Occupations Overview– Explains eligibility, specialty occupation criteria, and USCIS policy on extensions.
• Form I-129: Petition for a Nonimmigrant Worker – The required petition form for H-1B extensions, amendments, and employer transfers.
• USCIS Newsroom – H-1B Alerts and FAQs – Latest USCIS announcements, policy changes, and frequently asked questions.
• USCIS Policy Manual (Volume 2, Part A, Chapter 4) – Governing policy for extensions of stay, change of status, and lawful maintenance.
• USCIS Direct Filing Addresses for Form I-129 – Current list of service centers and lockbox addresses for mailing petitions.
• USCIS Online Filing Portal – Check if your employer can submit Form I-129 electronically.

2. U.S. Department of Labor (DOL)

• Labor Condition Application (LCA) via FLAG System – Employers must certify an LCA here before filing the H-1B extension.
• H-1B Program Overview (Wage & Hour Division) – Official summary of H-1B employer obligations and worker rights.
• Prevailing Wage Information & Guidance – Reference for determining the appropriate prevailing wage rate.
• DOL H-1B Advisor Interactive Tool – Interactive compliance tool for employers and employees.
• Fact Sheet #62M: Employer Posting Requirements – Describes how and where employers must post notice of an H-1B filing.
• Foreign Labor Certification Performance Data – Track processing metrics for LCAs and other employment-based filings.

3. Department of Homeland Security (DHS)

• H-1B Visa Program Overview – DHS explanation of H-1B visa rules, eligibility, and program administration.

4. U.S. Department of State (DOS)

• Employment-Based Nonimmigrant Visa Guidance – Official consular guidance for visa stamping after an extension.
• Visa Bulletin – Monthly bulletin for tracking immigrant visa availability (relevant for green card transition).

5. U.S. Customs and Border Protection (CBP)

• CBP I-94 Admission Record Retrieval – Access or print your I-94 record to confirm lawful admission and expiration.
• Visa and Entry Policies – Learn about inspection, admission, and reentry requirements following an extension.

Federal Laws and Regulations

• Electronic Code of Federal Regulations – 20 CFR §655 Subpart H – Governs labor condition applications and employer obligations.
• Immigration and Nationality Act §212(n)-(p) – Statutory foundation for H-1B wage, working conditions, and enforcement provisions.

7. Professional Associations and Advocacy Organizations

• American Immigration Lawyers Association (AILA) – National organization providing policy analysis and practice resources for immigration attorneys.
• Society for Human Resource Management (SHRM) – Immigration Resources – Practical tools and updates for HR professionals managing visa sponsorships.
• Association of Corporate Counsel (ACC) – Guidance for corporate counsel overseeing employment-based immigration.

8. Practical Tools and Checklists

9. Best Practices for Successful H-1B Extensions

• File early – Begin your extension six months before expiration to prevent status gaps.
• Secure a certified LCA – Every H-1B extension requires an updated Labor Condition Application before USCIS filing.
• Maintain payroll records – Provide consistent W-2s and pay stubs to prove continuous lawful employment.
• Check USCIS updates – Review the USCIS Newsroom monthly for policy revisions and filing fee adjustments.
• Consult experts – Organizations like AILA and SHRM provide frequent legislative analysis and compliance tools.

10. Why These Resources Matter

These official links equip you to:

• Confirm eligibility and timing under USCIS extension policy.
• Ensure LCA wage compliance through DOL systems.
• Access real-time visa bulletin updates for green card transition.
• Review legal frameworks for responding to RFEs or audits.