H1B Extension Checklist 2026

New Labor Condition Application (LCA) approved by DOL

File at DOL FLAG system, takes 5–7 business days. LCA must cover the extension period.

Current I-129 petition form (H1B extension)

Must be filed by employer at least 6 months before current status expires for premium-free filing.

Employer support letter for H1B extension

Must confirm continued employment, job duties, salary, and worksite.

Most recent W-2 and tax returns (last 2 years)

Demonstrates employer ability to pay prevailing wage.

Business financial records (for smaller companies)

Bank statements, payroll records, client contracts may be requested.

Organizational chart showing beneficiary's position

Demonstrates specialty occupation role within organization.

Filing fee payment

Base: $730, ACWIA: $750 or $1,500, Fraud prevention: $500, Asylum: $300 or $600. Plus premium if electing.

Valid passport (must be valid for at least 6 months beyond stay)

Renew passport if needed before filing.

Copy of all previous H1B I-797 approval notices

Full history of H1B approvals. Important for tracking 6-year limit and AC21.

Current I-94 travel record

Download from cbp.dhs.gov, employer will attach to petition.

Copy of existing H1B visa stamp (if applicable)

For reference only, extension does not require new visa stamp if already in US.

All prior EAD cards (if applicable)

Relevant if ever had combo EAD/AP during AOS.

Degree certificates and transcripts

Official transcripts + credential evaluation (for foreign degrees).

Resume / CV reflecting current duties

Must align with specialty occupation in LCA and support letter.

Most recent pay stubs (last 3–6 months)

Demonstrates actual payment at LCA wage level.

Copy of approved I-140 petition (if filed)

Critical for AC21 extensions beyond the 6-year cap.

PERM labor certification (if applicable)

Attach if extension is based on pending PERM >= 365 days.

Visa Bulletin priority date proof

If filing 3-year extension based on unavailable priority date.

File at least 6 months before current H1B expiry

Earlier is better, avoids status gaps and enables gap-free employment.

Consider premium processing ($2,805 for 15 business days)

Recommended if status expires within 3 months or if you plan to travel.

Cap-subject or cap-exempt extension?

Cap-exempt: unlimited extensions. Cap-subject: standard 3-year extension (or 1-year/3-year under AC21).

Include I-539 for H-4 dependents if applicable

File I-539 concurrently to extend H-4 status for spouse/children.

Track receipt notice arrival (USCIS sends Form I-797C)

Receipt notice confirms your extension petition is pending, keep this safe.

Set calendar reminder for USCIS online case status

Check status at egov.uscis.gov monthly.