Can You Apply for an H-1B Extension After the Expiration Date?

Published: February 24, 2025

The US Citizenship and Immigration Services (USCIS) received 386,559 H-1B petitions in FY 2023, of which 386,318 were approved. Under the H-1B visa program, US employers can hire foreign nationals for temporary employment in specialty occupations. 

Initially, H-1B visas are valid for three years, possibly extending up to six years. Extending an H-1B visa requires careful adherence to deadlines and documentation. Once the six-year H-1B term expires without eligibility for an extension, the H-1B holder must leave the US by the last day of the authorized stay. 

Typically, you must file the H-1B extension before the current H-1B visa expires to maintain lawful status and continue working. However, the reality is that some H-1B visa holders encounter situations where their visa expires before filing the extension. This article explores what happens when applying for an H-1B extension after expiration. 

Understanding the Requirements for H-1B Extension

Filing an H-1B extension request before the expiration date is crucial for preserving lawful status in the US. H-1B visa holders commonly file an extension up to six months before their current H-1B visa expires. 

Filing early prevents lapses in your H-1B visa status. It can help you save on additional costs that come with Premium Processing. Likewise, you can work for 240 days beyond the expiration date of your current visa when you have a pending petition while the validity of your H-1B visa expires. 

After the 240 days, your authorization to work ends if you neither receive approval nor denial. Although you cannot engage in authorized employment, you can continue legally remaining in the US while awaiting USCIS’s decision on your extension request. The situation becomes more complicated if the petition is not filed on time. 

Implications of Filing an Extension After the H-1B Expires 

Suppose you file an H-1B extension after your current H-1B status period ends. In that case, you would generally be considered to be in violation of your visa terms, placing you out of legal status. 

Still, under certain conditions, USCIS may accept late H-1B extension filing from your employer. That also means USCIS may excuse if late filings were due to extraordinary circumstances beyond the individual’s control. 

Labor disputes or government funding issues affecting labor certifications are typical cases in which USCIS may accept a late-file extension. However, the agency has the discretion to excuse or reject late filings, so approval isn’t guaranteed. 

Late H-1B filing isn’t ideal in most instances, as it can put you at significant risk. Be aware of the following implications of filing an extension after the expiration date of your current H-1B visa: 

• You will be out of status, meaning you’re no longer legally allowed to stay and secure employment in the US. 
• Losing your H-1B status can result in the accumulation of unlawful presence. 
• USCIS may reject or approve the extension without extending your stay, requiring you to depart and acquire a new visa outside the US. 

Ensure H-1B Compliance With ALG Lawyers

The H-1B extension process enables foreign workers to continue their employment legally without needing to leave and reenter the US. While extensions are limited to a maximum of six years, you can extend H-1B status beyond this duration if you have a pending or approved petition for permanent residency. 

Late filing of the H-1B extension can have significant repercussions, such as loss of legal status and work authorization. However, exceptions may exist for extraordinary circumstances or expedited processing options. Yet, in doing so, obtain legal assistance from an experienced Los Angeles immigration lawyer to ensure compliance with H-1B rules. Call ALG Lawyers for personalized H-1B assistance.