Learn How To Start H1B RENEWAL IN USA

Table of Contents

1. What Is H1B Renewal?

H1B renewal is the process of extending your existing H1B status in the United States beyond the initial 3-year period, for an additional 3 years (up to a total of 6 years). You must have a valid H1B petition and continue working for the same or a new sponsoring employer.

2. When Should You Start H1B Renewal?

It’s recommended to start the H1B renewal process at least 6 months before your current H1B status expires.

Why early action matters:

USCIS processing times vary (2–8+ months without premium processing)
You may need time for document collection and employer coordination
Delays can lead to unlawful presence or employment gaps

3. Who Is Eligible for H1B Renewal?

To be eligible for H1B renewal:

You must currently be in the U.S. in valid H1B status
You must have a job offer from the same or a new U.S. employer
Your job role must remain a “specialty occupation”
You must not have exceeded the 6-year H1B cap (unless eligible for AC21 extension)
You must not have any serious immigration violations or criminal records

Note: If you are applying under AC21, you may be eligible for renewals beyond 6 years if your green card application is pending.

4. Documents Required for H1B Renewal

Here’s a list of typical documents needed:

From the Employee:

Copy of current H1B approval notice (Form I-797)
Copy of current H1B visa stamp (if applicable)
Copy of your passport (all pages with stamps/visas)
Most recent pay stubs (last 3 months)
W-2 tax forms (last 2 years)
Resume
Job description and duties
Academic credentials (degrees, transcripts)
I-94 record

From the Employer:

Employment Verification Letter
Detailed job description
Employer support letter (for USCIS)
Prevailing Wage documentation
Proof of business operations (e.g., company tax returns, brochures, website)
Labor Condition Application (LCA)

5. Step-by-Step Process to Start H1B Renewal in the USA

Step 1: Check Expiry Date

Look at your current I-797 and I-94 documents to see when your H1B expires. Start renewal 5–6 months before that date.

Step 2: Employer Files LCA

Your employer must first file a Labor Condition Application (LCA) with the Department of Labor. This ensures they will pay you the prevailing wage.

Step 3: Employer Files Form I-129

After LCA approval, your employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS to extend your stay.

Step 4: Choose Regular or Premium Processing

Regular processing can take months. Premium processing (for a $2,805 fee in 2025) guarantees a response in 15 business days.

Step 5: USCIS Decision

USCIS will issue one of the following:

Approval Notice (I-797)
Request for Evidence (RFE)
Denial

If approved, your H1B status is extended.

6. H1B Renewal Through USCIS (Without Traveling Abroad)

If you are staying within the U.S. and not traveling internationally, you don’t need a new visa stamp in your passport. An approved I-797 from USCIS is sufficient to continue working legally.

Advantages:

Avoids consulate delays or refusals
Less risk compared to re-entering after a visa appointment

Drawback:

You won’t be able to travel internationally unless you get a new H1B stamp abroad.

7. H1B Renewal Through Visa Stamping (Outside the U.S.)

If you plan to travel or your current visa has expired, you’ll need to visit a U.S. consulate abroad (typically in Canada, Mexico, or your home country) to renew the visa stamp in your passport.

Steps:

Complete the DS-160 form online
Schedule a visa appointment
Pay the visa fee
Attend the visa interview
Wait for the visa to be stamped and your passport returned

Tip: Make sure you have the new I-797 and all supporting documents before leaving the U.S.

8. Premium Processing Option

USCIS offers premium processing for H1B renewal petitions, which guarantees a response within 15 business days.

Cost (2025): $2,805

Benefits:

Faster decision
Useful for urgent travel or work situations
Reduces anxiety of long wait times

9. Common Mistakes to Avoid

Waiting too long to apply (less than 60 days before expiration)
Submitting incomplete or incorrect documents
Relying solely on employer HR (stay informed yourself)
Traveling abroad without a valid visa stamp
Not responding to USCIS RFEs quickly

10. Tips to Ensure Smooth H1B Renewal

Start Early: Begin 5–6 months in advance.
Stay in Communication: Work closely with your employer or immigration attorney.
Organize Documents: Create digital and physical copies of all required items.
Avoid Job Title or Location Changes: These can trigger new petitions.
Respond Promptly to USCIS: Always reply to RFEs within the deadline.
Use Premium Processing: If timing is a concern, this option is worth it.