Master prompt
H-1B extension — I-129 + LCA + AC21 7th-year extension (US)
Employer-filed H-1B extension via I-129. Covers LCA, prevailing wage, AC21 §106(a) 7th-year extension, AC21 §104(c) 3-year extension, and Premium Processing.
United StatesVisa extensionH-1BI-129LCAAC217th yearPremium Processing
You are advising [PETITIONER_EMPLOYER] on the H-1B extension for [CLIENT_NAME] via Form I-129.
CRITICAL: H-1B extensions are EMPLOYER-FILED, not beneficiary-filed. Employer + beneficiary jointly assemble the petition; employer (or authorized representative) signs and submits.
REGULATORY FRAMEWORK
• 8 CFR §214.2(h)(15) — Extension of H stay
• INA §214(c)(1) — H petition requirements
• American Competitiveness in the Twenty-First Century Act (AC21):
— §106(a) — 1-year H-1B extensions beyond 6th year if PERM/I-140 filed ≥ 365 days before extension start
— §104(c) — 3-year H-1B extensions if I-140 approved AND immigrant visa not "current" (priority date backlog)
• LCA (Labor Condition Application) — DOL Form 9035; must be certified BEFORE I-129 filing
• Prevailing Wage Determination — DOL or OFLC source
§1 — DETERMINE EXTENSION TYPE FOR [CLIENT_NAME]
Compute H-1B time used in US (subtract any time spent outside US during H-1B for "recapture"):
• If [TOTAL_H1B_TIME_USED] < 6 years: STANDARD H-1B EXTENSION (3 years typical)
• If [TOTAL_H1B_TIME_USED] = 6 years approaching: check AC21 eligibility
• If exhausted 6 years already: H-1B extension only via AC21 §106(a) or §104(c)
PATH A — Standard H-1B Extension (< 6 years used)
• Up to 3 years extension at a time
• Same employer + same role: relatively simple
• Same employer + different role: amended I-129 (see §7)
PATH B — AC21 §106(a) 7th-year H-1B Extension (PERM filed ≥ 365 days before extension start)
• Employer must have filed PERM Labor Certification ≥ 365 days before the requested H-1B extension date
• Granted in 1-year increments
• Can be renewed annually as long as PERM/I-140 remains pending OR I-140 approved + priority date not current
PATH C — AC21 §104(c) 3-year H-1B Extension (I-140 approved + priority date not current)
• I-140 must be approved
• Visa Bulletin Final Action Date for client's country (e.g. India) + category must NOT be current
• Granted in 3-year increments
• Indian-born EB-2 / EB-3 beneficiaries typically use this for decades-long PERM backlogs
State explicitly which path applies for [CLIENT_NAME] given No PERM filed and [TOTAL_H1B_TIME_USED].
§2 — LCA REQUIREMENTS
Before filing I-129:
(a) Determine prevailing wage for [JOB_TITLE_SOC] at [WORK_LOCATION]:
• OFLC Online Wage Library — choose Level I-IV based on job complexity
• Private wage survey acceptable (with conditions)
(b) Confirm [OFFERED_WAGE_USD] ≥ prevailing wage AND ≥ actual wage paid to similarly-employed workers at employer
(c) File LCA (Form 9035E) electronically via FLAG system
(d) Post LCA notice at worksite (2 consecutive business days) OR notify bargaining representative
(e) Maintain Public Access File (PAF) at worksite for review
(f) LCA processing: 7 business days typical via FLAG
(g) LCA certified → attach to I-129
If [WORK_LOCATION] differs from prior LCA: new LCA needed; possibly H-1B Amendment per Matter of Simeio Solutions, LLC (2015)
§3 — FORM PACK (EMPLOYER-FILED)
A. Form I-129 (Petition for Nonimmigrant Worker) + H Classification Supplement (H Supplement)
B. Form I-129 H Data Collection Supplement (Form I-129 Page 8) — wage, location, etc.
C. Certified LCA (Form 9035) from DOL
D. Form I-907 (Premium Processing) if No is "Yes"
E. Supporting employer documents:
• Employer's last quarterly federal tax return (Form 941)
• Annual revenue / staffing evidence
• Job offer letter / employment agreement
• Detailed job description (specifically explaining specialty occupation criteria)
• Org chart showing reporting structure
• Recent press releases / financial statements (for ability-to-pay if PERM/I-140 connected)
F. Supporting beneficiary documents:
• Photocopy of all H-1B I-797 approval notices
• Photocopy of most recent visa stamp
• Most recent I-94 record
• Educational credentials (degree certificate, transcripts, US equivalency evaluation if foreign)
• Resume / CV
• Recent pay stubs (showing employer-paid wages)
• All prior W-2 forms
G. AC21 evidence (if Path B or C):
• Path B: PERM filing receipt with date ≥ 365 days before requested extension
• Path C: I-140 approval notice + Visa Bulletin showing priority date not current for India EB-2/EB-3
H. Filing fees (employer pays — beneficiary cannot reimburse certain components):
• I-129 base fee: $460 // 2026-05 — verify
• ACWIA fee: $1,500 (employer with 26+ employees) / $750 (< 26 employees) // 2026-05 — verify; waived for nonprofit / governmental research
• Fraud Detection fee: $500 (waived for extensions with same employer) // verify
• Public Law 114-113 fee: $4,000 (employers with > 50 employees + > 50% H-1B/L-1 workforce; first-time petitions + change of employer; not standard extensions usually)
• Asylum Program fee: $600 large / $300 small / $0 nonprofit (new 2024) // 2026-05 — verify
• Premium Processing: $2,805 (15 business days) // 2026-05 — verify
§4 — H-1B AMENDMENT TRIGGERS (Matter of Simeio)
When extending, REVIEW whether material changes since prior I-129 require amendment:
(a) Worksite change to MSA outside prior LCA coverage — AMENDMENT required
(b) Promotion / role change with new SOC — AMENDMENT required
(c) Material change in job duties — AMENDMENT required
(d) Salary change (always needs LCA update; amendment if material)
(e) Employer corporate change (merger, spin-off): may not require amendment under successor-in-interest doctrine but document
If amendment needed: file new I-129 with new LCA + explanation BEFORE the material change takes effect
§5 — COVER LETTER (350-500 words)
Open: "Petition under INA §101(a)(15)(H)(i)(b) and 8 CFR §214.2(h) for extension of H-1B specialty occupation worker [CLIENT_NAME] in the position of [JOB_TITLE_SOC] at [PETITIONER_EMPLOYER]'s offices in [WORK_LOCATION], at offered wage USD [OFFERED_WAGE_USD]."
Structure:
¶1 — Petitioner overview ([PETITIONER_EMPLOYER]: industry, size, revenue, mission)
¶2 — Beneficiary background ([CLIENT_NAME]: education, prior H-1B history, current role)
¶3 — Specialty occupation analysis (4 criteria under 8 CFR §214.2(h)(4)(iii)(A)):
(i) Bachelor's degree minimum required for entry; OR
(ii) Degree requirement common in industry / parallel positions; OR
(iii) Employer normally requires degree; OR
(iv) Duties so specialized that knowledge of degree level required
— Cite Department of Labor Occupational Outlook Handbook (OOH) for [JOB_TITLE_SOC]
— Provide named comparator positions / job postings if industry standard argument
¶4 — Beneficiary qualifications (degree, transcripts, prior experience matching duties)
¶5 — Path selection (Standard / AC21 §106(a) / AC21 §104(c)) with No PERM filed evidence
¶6 — LCA compliance (prevailing wage, public access file, posting completed)
¶7 — Continued bona fide employer-employee relationship (control test under Matter of Defensor)
¶8 — Premium Processing rationale (if applicable) — No
¶9 — Conclusion: request approval of extension to specified date
§6 — 240-DAY RULE — WORK AUTHORIZATION DURING PROCESSING
8 CFR §274a.12(b)(20): If extension is TIMELY FILED before [CURRENT_H1B_EXPIRY]:
• Beneficiary may continue to work for SAME employer for up to 240 days from I-94 expiry while extension is pending
• If decision not received within 240 days: must stop working until extension approved
• Cannot change employers during 240-day window without porting (AC21 §105(a) — "H-1B portability")
CRITICAL: Travel during 240-day window ENDS the work authorization upon departure unless visa stamp is current + new I-797 approval issued.
§7 — H-1B EXTENSION + AMENDMENT vs CHANGE OF EMPLOYER
Same employer extension: standard process per §3
Same employer + new worksite/role: amended I-129 + new LCA
New employer extension (H-1B transfer):
• New employer files I-129 with H-1B Transfer flag
• Under AC21 §105(a) "H-1B portability": beneficiary may start work for new employer upon USCIS RECEIPT of new I-129 (not approval)
• Old H-1B continues until expiry; new H-1B issued upon approval
§8 — RED FLAGS
• LCA wage < prevailing wage — fatal
• LCA not posted at worksite — DOL audit risk + I-129 denial
• Beneficiary not paid required wage for any pay period — Public Access File deficiency
• Material misrepresentation of job duties (especially for IT consultancies) — Matter of Simeio + Matter of Caron concerns
• Bench time (employer not paying during unassigned periods) — DOL wage-and-hour violation
• Out-of-status periods (failure to file timely extension previously) — must explain
• 6-year cap approaching without AC21 eligibility — must depart + recapture or change status
§9 — POST-DECISION ACTIONS
• Approval: new I-797 Approval Notice with new I-94 (typically attached at bottom of I-797)
• Premium Processing: decision within 15 business days
• Beneficiary updates SSA / DMV / state agencies with new I-94
• Visa stamp: I-129 does NOT renew the visa stamp; stamp renewal at US consulate for re-entry after travel
• LCA Public Access File maintained at worksite for 1 year after employment ends
End with: "DRAFT H-1B extension package — for licensed US immigration attorney review. Verify current USCIS fee schedule (ACWIA, Fraud, Premium, Asylum Program); confirm LCA + Public Access File compliance; cross-check 6-year cap + recapture under §214.2(h)(13)(iii)(C); verify AC21 §106(a) 365-day rule or §104(c) priority date status if extending beyond 6 years. The 240-day work-authorization rule under §274a.12(b)(20) is load-bearing if processing is slow."Unlock the vault to see the full prompt