Q: What is H-1B Renewal/Extension?

A: H-1B Renewal/Extension is the application filed by the employer for its current foreign employees who are working in the H-1B nonimmigrant status and the validity dates on the H-1B approval notice are expiring.

Q: Why should we file the H-1B renewal/extension?

A: Each H-1B approval notice is valid for the period specified by USCIS on the approval notice and the beneficiary (foreign worker) can work for the sponsoring employer only when the H-1B approval notice is still valid. If the employment opportunity is still available to the foreign worker (the employer desires to continue the employment of the foreign worker), the H-1B renewal/extension application must be filed and accepted by USCIS before the H-1B worker can continue to work for the employer. If the H-1B renewal/extension application is not filed with USCIS on or after the expiration date of the H-1B approval notice, the foreign worker cannot continue to work for the employer.

Q: My H-1B is expiring. Is there a deadline for filing the H-1B renewal or extension?

A: Yes. The renewal or extension package must be filed to and accepted by USCIS before or on the expiration date.

Q: What would happen if my H-1B renewal or extension package arrives in the USCIS office after my H-1B has expired?

A: It is very likely that you will be required to leave the U.S. and apply for the H-1B visa stamping at a U.S. Consulate overseas before you can return to the U.S.

Q: What would happen if the U.S. Consulate overseas does not issue the H-1B visa to me?

A: You would not be able to return to the U.S. and you will have to try to apply for the H-1B visa again and again.

Q: It appears that filing the H-1B renewal/extension is very important. But how early can I start the renewal application with your office?

A: The application cannot be started six months ahead of the expiration date. So we can start the renewal/extension within six months before the expiration date.

Q: My H-1B is expiring, but I have to travel overseas. How can I solve this problem?

A: We need to know how long you will be traveling or when you will return to the U.S. to find a solution to your situation. Please send the details to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call (678)380-0698 for consultation.

Q: How late can I start the renewal application for my H-1B status?

A: As long as USCIS can receive and accept your H-1B renewal package before the expiration date, you will be fine. However due to the delay caused by new changes by US Department of Labor described at http://www.xielaw.com/immigration-articles/h1b-immigration-articles/urgent-issues-about-h1b-extensionrenewal.html, particularly because of the delay by LCA application, it will take about at least one week to get the paperwork prepared for the employer's review and signature. Therefore we do not recommend you delay the renewal application to the last several days of the expiration date. If you have to wait for the last minutes to file the H-1B renewal/extension, you should give the attorney 30 days before the expiration to prepare and file the H-1B package.

Q: How long can my H-1B be extended to?

A: It depends on different situations. Normally, an H-1B status is issued for a period of three years at the initial filing and is extendable by another three years on renewal/extension. According to the American Competitiveness in the 21st Century Act of 2000 (AC21), H-1B status may be extended beyond the maximum 6 years in some specific circumstances. For example the H1B status can be granted incremental one-year extensions annually after the completion of six years on H1B status if the application meets the criteria.

Q: How many times can my employer file H-1B extensions/renewals for me?

A: There is no limit. Your employer can file as many extensions/renewals for you as necessary. The maximum period for your H-1B status is 6 years within which your employer can file the extensions/renewals for you. If you do not start the permanent residence application (green card application) during the six years of H-1B status or if your permanent residence application has not been pending for one year when your H-1B status reaches the maximum six years, your employer cannot continue the renewal/extension. However if your permanent residence application has been pending for more than one year when your H-1B expires, your employer can file H-1B renewals/extensions for you until USCIS makes the final decision on your permanent residence application.

Q: How many years can my employer request on my H-1B renewal/extension application?

A: It depends on each individual circumstance. If you have your first H-1B valid for three years, your employer can request another three years on your H-1B renewal/extension. After you have almost used up your six years in H-1B status, your employer can request one year in the H-1B renewal/extension application if your permanent residence application has been pending for more than one year (365 days). Your employer can request a three year renewal/extension on the H-1B application if there is an approved I-140 immigrant petition filed on behalf of the H-1B worker.

Q: It appears that whether a permanent residence application is pending at the time of my H-1B expiring is important to my eligibility for extension into the years after the maximum period, right? When is the deadline for me to start the permanent residence application?

A: Yes! To be eligible for filing your 7th year H-1B extension, your permanent residence application is not only pending but also it has been pending for at least 365 days when your six year H-1B ends. Therefore it is important to remember that your permanent residence must be filed with the relevant US government agencies (US Department of Labor or USCIS) BEFORE your H-1B status reaches the fifth year.

Q: How much are the application fees for an H-1B renewal/extension application?

A: It depends on several factors. The H-1B application fees for profit or industry employers are different from these employers that are higher education institutions or non profit research organization. If the H-1B renewal or extension is filed by a higher education institution or nonprofit research organization, the application fee is $320. If the employer is a profit or industry employer, it depends on the answer to the following two questions: First, will this be the first extension/renewal for this H-1B worker or the second extension/renewal for this H-1B worker? Second, does the employer currently have more than 25 employees? If the answer to all above two questions is Yes, the application fee for H-1B renewal/extension is $1820. If the answer to all above two questions is No, the application fee for H-1B renewal/extension is $320. If the answer to the first question is Yes, No to the second question, the application fee will be $1070. Anyway, these fees are standard and subject to change with prior notice from the government agency. We will inform you the correct fee amount when we are actually preparing the H-1B renewal/extension application for you.

Q: How much is the attorney's fee for H-1B renewal/extension case?

A: We cannot post the fee amount here. But we can tell you here that our legal fee is reasonably low and very competitive. Please email your inquiry to This e-mail address is being protected from spambots. You need JavaScript enabled to view it for details.

Q: How can I get my H-1B extension case started with your office?

A: You can send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it requesting instruction list. We can start your case as soon as we have received the requested documents/information from you. If your H-1B was handled by another law office in the past, we will need some extra documents such as your degree certificate. If your current H-1B approval was obtained by this office, we will use most of documents from your case file here. The application process is quite simple and straightforward.

Q: How soon will I get the approval notice?

A: It normally takes about 3-4 months for USCIS to adjudicate the H-1B applications. However if extra $1000 is paid to USCIS, we can receive the result within 15 days of the filing (when USCIS accepts the filing). This is called Premium Processing Service (PPS).

Q: Do I have to spend the extra $1000 bucks for my H-1B renewal?

A: Generally speaking PPS is optional for an H-1B renewal/extension application and you do not need to spend that amount of money on that. However the PPS will help you a great deal under certain circumstances such as the H-1B approval notice is required to renew your driver's license or to apply for new H-1B visa stamping overseas etc.

Q: Can I continue my current job if my H-1B renewal application is still pending?

A: Yes.

Q: I heard that it is much easier to get the approval on an H-1B renewal case because USCIS approved the H-1B application in the past. USCIS will certainly approve the extension for the same H-1B applicant. It is true?

A: Not necessarily true. According to the information from American Immigration Lawyers Association and other related website USCIS has often denied the H-1B renewal applications in the past year.

If you have any questions about H-1B extension/renewal that have not been answered above, please send it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Thanks!