Reference · Job changes and extensions

H-1B Extension: Rules, Timelines, Six-Year Limit

An extension normally uses a new I-129 petition and a certified LCA valid for the requested work and period. A prior LCA can be reused if it still covers that period. Ordinary extensions do not require another cap selection. Grants are normally up to three years, within a six-year limit, with specified exceptions.[1]
Extension increment
Up to 3 yrs
Ordinary combined H/L limit
6 yrs
Earliest filing
6 mo before start
Lottery
Exempt

The normal rules

How extensions normally work

The employer files Form I-129 with a new or prior certified LCA valid for the requested work and period. An ordinary extension does not require another cap selection. The ordinary limit generally counts H and L time together across employers; qualifying time abroad can be recaptured. Specified exceptions permit more time.

A timely same-employer request to extend stay can permit continued work for up to 240 days after the authorized stay expires, subject to the prior authorization’s conditions. A denial ends this authorization when the worker receives notification. This is separate from new-employment portability. A pending petition alone is not unlimited permission to work.[2]

Beyond six years

Can an H-1B be extended beyond six years?

Two common AC21 routes permit extensions beyond six years under 8 CFR 214.2(h)(13)(iii)(D)–(E):

The one-year extension

Qualifying green-card step filed 365+ days earlier

Extensions of up to one year can qualify when a labor certification or immigrant petition was filed at least 365 days before the requested exempt period starts. The H-1B petition can be filed earlier within its filing window. Final decisions, labor-certification expiry, and failure to apply for an available immigrant visa within the permitted period can end eligibility. Appeal and excusable-delay rules also apply.

The three-year extension

Approved I-140; visa blocked by a per-country limit

An approved EB-1, EB-2, or EB-3 immigrant petition can support increments of up to three years when the beneficiary otherwise qualifies for that immigrant status but a per-country limit prevents visa availability. The petitioner must show that unavailability when it files the H-1B petition. Eligibility and final-decision conditions still apply.

These are two common AC21 routes beyond six years. Other rules, including time recapture and certain intermittent employment, can affect the six-year calculation.

Filing window

How early can you file an extension or renewal?

An H petition may be filed no earlier than six months before the requested employment start date. File a request to extend stay before the authorized stay expires. Premium processing has a 15-business-day action clock, subject to its evidence-response and investigation rules; it does not guarantee approval.[3]

The pattern in data

The long-stay pattern, in the data

The employer Tata Consultancy Services Limited has LCA filings in 20 distinct years. This shows an employer filing history. The public rows do not identify each beneficiary, so the pattern cannot establish an individual worker’s stay.

YearLCAs filedMedian offered wage
200762$67K
20081,318$61K
2009405$63K
20101,158$64K
20116,330$65K
20125,862$66K
20139,273$66K
201414,208$67K
201516,473$69K
201613,289$64K
201713,648$65K
201814,220$68K
201912,050$72K
202010,701$73K
202111,696$75K
202210,550$77K
20238,109$79K
20249,694$84K
20257,423$86K
2026973$92K

This table shows employer filings across years. It does not identify individual extensions or determine eligibility. Parsed from DOL disclosure files for Tata Consultancy Services Limited. /h1b-salary compares offered wages by occupation.

FAQ

H-1B extension & renewal FAQ

H-1B extension & renewal FAQ

How do H-1B renewals work?

The employer files an extension petition with a certified LCA valid for the requested work and period. It can use a new or still-valid prior LCA. Ordinary extensions do not require another cap selection. Grants are normally up to three years, within the six-year limit and its exceptions.

How many times can you extend an H-1B?

Ordinary extensions can grant up to three years within the normal six-year limit across employers. AC21 rules can permit stays beyond six years. Time recapture and certain intermittent or special employment can also affect the limit.

Does an extension go through the lottery?

An ordinary extension does not require another cap selection. A change from cap-exempt to cap-subject employment can require selection when the worker was not previously counted against the cap.

Why do extensions get denied?

USCIS can deny an extension if the petition fails the job, employer, status, or other requirements. DOL LCA outcomes are separate decisions. This site’s LCA record does not show employer-specific USCIS extension denial rates.[4]

What does an extension look like in the public data?

An extension may use a new or still-valid prior LCA. The public disclosure files show employer filing patterns, not the identity and stay history of each beneficiary. Repeat rows alone do not identify individual extensions.

Can I keep working while an extension is pending?

A timely same-employer request to extend stay can permit continued work for up to 240 days after the authorized stay expires, subject to the prior authorization’s conditions. A denial ends this authorization when the worker receives notification. This is separate from new-employment portability. A pending petition alone is not unlimited permission to work.

References

  1. [1] Law or rulemaking · eCFR. 8 CFR 214.2. 8 CFR 214.2(h)(13); 8 CFR 214.2(h)(15)(ii)(B); 8 CFR 214.2(h)(8); 8 CFR 214.2(h)(2)(i)(J); 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial noticesThe normal six-year limit has recapture, AC21, and other specified exceptions.; The regular cap, advanced-degree exemption, employer exemptions, and prior cap counting have distinct conditions.; Petition approval, visa issuance, admission, and work authorization are separate steps.Checked 2026-10-08.
  2. [2] Law or rulemaking · eCFR. Continued work during a timely same-employer extension. 8 CFR 274a.12(b)(20)Up to 240 days from expiration of authorized stay, subject to the prior authorization’s conditions. A denial ends this authorization upon notification.Checked 2026-10-08.
  3. [3] Law or rulemaking · eCFR. Premium processing action clock. 8 CFR 106.4(e)(2)Read paragraph (f) for action, RFE reset, and refunds. Premium processing does not guarantee approval.Checked 2026-10-12.
  4. [4] Dataset documentation · DOL OFLC. LCA public disclosure record layout (FY2026 Q3). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay unitsThis layout covers determinations issued October 1, 2025 through June 30, 2026. It documents employer-provided application fields and DOL decisions, not USCIS decisions, payroll verification, legal bills or worker-linked moves. Older layouts can differ.Checked 2026-10-17.

The exceptions all point the same direction. Next: the permanent process the extensions wait on.

Keep going

H-1B TransfersNext: H-1B to Green Card