Professionals: Extending H-1B Status in the United States

The process for extending H-1B status in the United States is identical to changing status in the United States. The first step is obtaining a certified Labor Condition Application (LCA). The second step is filing an H-1B extension with the USCIS. An employee may extend H-1B status if physically present in the United States. Upon filing the H-1B extension, employment is automatically extended with the same employer for up to 240 days while waiting for the USCIS decision on the extension.

Upon approval of the H-1B extension, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing the H-1B status has been extended and the validity period of the new H-1B status, normally three years.

The issuance of a Form I-797 Approval Notice authorizes the extension of H-1B status and authorizes the H-1B employment to continue. However, it does not enable a person to depart and freely re-enter the United States. If the H-1B employee wishes to travel and the current H-1B visa has expired, the employee must apply for an H-1B visa at an overseas U.S. embassy or consulate.

International Travel While Waiting for Approval of an H-1B Extension

As a general rule, if a person files an H-1B extension and departs the United States, the H-1B visa holder may re-enter the United States as long the current H-1B visa in the person’s passport remains valid. If the H-1B visa is no longer valid, the person must wait for approval of the H-1B extension and apply for a new H-1B visa at an overseas U.S. embassy or consulate.