H-1B Extension Filing Guidelines: Managing AC21 Portability Provisions

File extensions early and keep the record complete

Extensions can generally be filed up to six months before expiration. Filing early absorbs processing variability and preserves the ability to continue working while the petition is pending. The package should demonstrate continued specialty employment: current duties, an updated itinerary, evidence of maintained status, and pay records that match the wage on the certified LCA.

Any gap in payment during a period of authorized employment — including benching between client engagements — becomes an issue at extension time, because the employer's wage obligation runs from the start of employment regardless of client billability.

Portability begins at proper filing

Work for a new employer may begin once a non-frivolous petition is properly filed and received. Keep the receipt notice, the filed petition copy and the delivery confirmation together. If the petition is later denied, work authorization under portability ends; plan the transition so a denial does not leave unauthorized work in the record.

Beyond the sixth year

One-year increments are available when a labor certification or immigrant petition has been pending for a defined period, and three-year increments are available when an approved immigrant petition exists but a visa number is unavailable. Both require documentary proof of the underlying filings, so those receipts should be held by the beneficiary and not only by prior counsel or a prior employer.

Amendments when the engagement changes

A material change — a new worksite outside the certified area of intended employment, a substantive change in duties, or a change from full-time to part-time — generally requires an amended petition. Consulting rotations trigger this more often than in-house roles, so treat every client transition as a compliance checkpoint rather than a scheduling detail.