H-1B Extension Filed? Don’t Forget Your I-9 Verification! 👍

If the current employer timely files an H-1B Extension, or an H-1B Amendment + Extension, the employee may generally continue working for up to 240 days after the expiration of their existing H-1B work authorization, as long as the extension petition remains pending.

(See Figure 2 for the official USCIS guidance.)

⭐️ During this period, the employer mainly needs to do two things:

1️⃣ Update Section 2 of the employee’s existing Form I-9

In the Additional Information field of Section 2, enter:

“240-Day Ext.” + the I-129 filing date

(See Figure 2 for the official guidance and Figure 3 for an example of the I-9 form.)

2️⃣ Keep proof of the H-1B extension filing together with the existing I-9

Right after the H-1B extension is filed, but before the Receipt Notice arrives, the employer can retain:

A copy of the Form I-129

Proof of filing fee payment

Proof that the petition was mailed to USCIS

Other documentation showing that the extension petition was timely filed

Once the Form I-797C Receipt Notice is received, the employer should keep the Receipt Notice together with the Form I-9.

At that point, the previously retained I-129 copy, payment receipt, and mailing proof do not need to remain with the I-9.

(See Figure 4 for the official USCIS guidance.)

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