H-1B 7th Year Extensions: How Approved I-140 Enables Career Continuity

As of July 22, 2025, the rules for H-1B 7th Year Extensions under the American Competitiveness in the Twenty-First Century Act (AC21) remain unchanged. This update provides a clear summary of what has stayed the same, who is affected, the steps required, and what these rules mean for people waiting for green cards in the United States 🇺🇸. The information below will help H-1B professionals, their families, and employers understand the current landscape and what actions to take to maintain legal status and career stability.

Summary of What Has Changed

There have been no major legislative or regulatory changes to the H-1B 7th Year Extensions as of July 2025. The main rules and eligibility criteria under the American Competitiveness in the Twenty-First Century Act are the same as in previous years. The most notable changes in the H-1B program over the past year relate to the annual lottery system, which now uses a beneficiary-centric selection process to reduce duplicate registrations and fraud. However, these changes do not affect the rules for extending H-1B status beyond six years for those with an approved I-140 or a pending green card application.

Who Is Affected

The H-1B 7th Year Extension rules are especially important for:

• H-1B workers who have reached or are about to reach the six-year limit on their H-1B status.
• Individuals with an approved I-140 employment-based immigrant petition, but who cannot apply for a green card because of visa backlogs.
• People with a PERM labor certification or I-140 petition pending for at least 365 days before their six-year H-1B limit.
• Employers who want to keep skilled workers in the United States 🇺🇸 while they wait for green cards.
• H-4 dependents (spouses and children) whose status is tied to the principal H-1B holder.

Effective Dates

• The current rules for H-1B 7th Year Extensions are in effect as of July 22, 2025.
• There are no announced changes or new effective dates for these provisions.

Required Actions

If you are an H-1B worker approaching your six-year limit and want to stay in the United States 🇺🇸, you or your employer must:

1. Check Eligibility: Confirm you have an approved I-140 or a PERM/I-140 pending for at least 365 days.
2. Gather Documents: Collect proof of your approved I-140 or pending PERM/I-140, and evidence that your priority date is not current (such as the latest Visa Bulletin).
3. File Form I-129: Your employer must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS), requesting an extension under AC21. You can find the official Form I-129 here.
4. Include Supporting Evidence: Attach all required documents showing your eligibility for the extension.
5. File on Time: Submit the extension request before your current H-1B status expires. Filing at least six months in advance is recommended.
6. Consider Premium Processing: If you need a faster decision, premium processing is available for an extra fee and guarantees a response within 15 calendar days.

Implications for Pending Applications

• If you have a pending green card application and your H-1B status is about to expire, you can continue to extend your H-1B in one-year or three-year increments as long as you meet the requirements.
• If your priority date becomes current while your extension is pending, you may apply for adjustment of status to become a permanent resident.
• If your extension is denied, you may need to leave the United States 🇺🇸 or explore other visa options. It is important to consult an immigration attorney in this situation.

Background and Legal Framework

The H-1B visa allows skilled foreign workers to work in the United States 🇺🇸 for up to six years. However, many workers, especially from countries like India and China, face long waits for green cards due to annual per-country limits. The American Competitiveness in the Twenty-First Century Act (AC21) was created to help these workers stay in the country while waiting for their green cards.

Key Provisions of AC21

• Section 104(c): If you have an approved I-140 in the EB-1, EB-2, or EB-3 category and cannot apply for a green card because your priority date is not current, you can get a three-year H-1B extension. This extension can be renewed until your priority date becomes current.
• Section 106(a): If your PERM labor certification or I-140 petition has been pending for at least 365 days before your six-year H-1B limit, you can get one-year extensions. These can be renewed as long as the petition is still pending.
• Exclusivity: Only employment-based green card applicants are eligible for these extensions. Family-based applicants do not qualify.
• Portability: You can change employers during the extension process if the new employer files a concurrent H-1B petition.
• Recapture: Any time you spent outside the United States 🇺🇸 during your H-1B period can be added back to your six-year limit, possibly allowing for more extensions.

Current Status and Procedures (July 2025)

Eligibility Requirements

To qualify for an H-1B 7th Year Extension, you must:

• Have an approved I-140 in EB-1, EB-2, or EB-3, or have a PERM/I-140 pending for at least 365 days.
• Be unable to apply for a green card because your priority date is not current.
• Continue to meet all H-1B requirements, such as having valid employment.
• File for the extension before your current H-1B status expires.

Application Steps

1. Employer Files Form I-129: Your employer submits Form I-129 to USCIS, requesting an extension under AC21.
2. Submit Supporting Evidence: Include your approved I-140 (or proof of pending PERM/I-140), and a copy of the current Visa Bulletin showing your priority date is not current.
3. USCIS Review: USCIS will review your petition. If approved, you receive an extension for one or three years, depending on your situation.
4. Renewal: You can keep renewing your H-1B as long as you remain eligible.
5. Changing Employers: If you switch jobs, your new employer must file a new H-1B petition for you to keep your status.

Fees and Processing Times

• Filing Fee: The standard fee for Form I-129 is $460 (as of 2025). Always check the USCIS H-1B page for the latest fees.
• Premium Processing: Costs $2,805 (as of 2025) and guarantees a decision within 15 calendar days.
• Regular Processing: Usually takes 2 to 6 months, depending on the service center.

Quantitative Data and Statistics

• For Fiscal Year 2025, there were 470,342 eligible H-1B registrations from 442,000 unique beneficiaries. Out of these, 114,017 unique beneficiaries were selected in the initial lottery, giving a selection rate of about 25.6%.
• The number of registrations dropped from 758,994 in Fiscal Year 2024, mainly because of the new beneficiary-centric system that reduces fraud and duplicate entries.
• USCIS does not publish exact numbers for 7th Year Extensions, but these extensions are common, especially among workers from India and China who face the longest green card waits.

Policy Implications and Practical Effects

For H-1B Holders

• Career Continuity: The ability to extend H-1B status beyond six years is a lifeline for workers stuck in green card backlogs. It allows them to keep working and living in the United States 🇺🇸 while waiting for their green card.
• Job Mobility: AC21’s portability rule means you can change jobs without losing your place in the green card line, as long as your new employer files the right paperwork.
• Family Stability: H-4 dependents (spouses and children) can also stay in the United States 🇺🇸 as long as the principal H-1B holder maintains status.

For Employers

• Retention: Employers can keep skilled workers even if green card processing takes many years.
• Administrative Work: Employers must keep up with filing requirements and changing visa bulletin dates.

For the U.S. Economy

• Talent Retention: These rules help the United States 🇺🇸 keep highly skilled workers, especially in science, technology, engineering, and math (STEM) fields.
• Backlog Issues: Long waits caused by per-country quotas can discourage top talent from staying in the United States 🇺🇸.

Recent Policy Developments and Stakeholder Perspectives

• USCIS Fraud Prevention: In 2024–2025, USCIS introduced a beneficiary-centric H-1B registration process to reduce fraud. This change does not affect the rules for H-1B 7th Year Extensions.
• No New Laws: Congress has not passed any new laws to change the AC21 extension rules or fix the green card backlog.
• Advocacy: Business groups and immigration advocates continue to push for changes to remove per-country caps and speed up green card processing, but no changes have been made yet.
• USCIS Statements: The agency is focused on preventing fraud in the H-1B program but has not changed how it handles AC21 extensions.

Step-by-Step Procedural Overview

1. Check Eligibility: Make sure you have an approved I-140 or a PERM/I-140 pending for at least 365 days, and your priority date is not current.
2. Prepare Documents: Gather your I-140 approval notice, current Visa Bulletin, and proof of continued H-1B employment.
3. Employer Files I-129: Your employer submits Form I-129 with all supporting documents.
4. USCIS Review: USCIS may ask for more evidence (Request for Evidence) if needed.
5. Approval and Renewal: If approved, you get a one-year or three-year extension. Repeat as needed until your priority date is current.
6. Changing Jobs: If you switch employers, the new employer must file a new H-1B petition to keep your status.

Expert Analysis and Multiple Perspectives

• Legal Experts: Immigration lawyers say AC21 is vital for keeping skilled workers in the United States 🇺🇸 but warn that the process can be stressful because of changing visa bulletin dates and complex rules.
• Employer Groups: Many employers want Congress to remove per-country caps to reduce backlogs and give workers more certainty.
• Worker Advocates: Some groups are pushing for reforms to make the path to permanent residency clearer and to protect workers from being stuck in limbo for years.
• Government View: USCIS is focused on stopping fraud but has not addressed the main causes of green card backlogs.

Future Outlook and Anticipated Developments

• Possible Legislation: Bills to remove per-country caps and recapture unused green cards have been introduced in Congress, but no major changes are expected soon.
• USCIS Policy: The agency may keep improving the H-1B registration process but is unlikely to change AC21 extension rules without new laws.
• Visa Bulletin Trends: Backlogs for India and China in the EB-2 and EB-3 categories are likely to continue, so 7th Year Extensions will remain important.
• Ongoing Advocacy: Many groups will keep pushing for bigger changes, but only small steps are likely in the near future.

Official Resources and Contact Information

• For the latest forms, fees, and updates, visit the USCIS H-1B page.
• Check the monthly Department of State Visa Bulletin for current priority dates.
• If you need help, talk to an experienced immigration attorney or your employer’s international office.

Common Questions and Concerns

• Can I apply for a 7th Year Extension if I am outside the United States 🇺🇸? Yes, as long as you have an approved I-140 and a visa backlog, your location does not matter.
• What if my priority date becomes current during the extension? You can apply to adjust your status to permanent resident. The extension rules no longer apply once your priority date is current.
• Can my family stay with me during the extension? Yes, your H-4 dependents can stay as long as you maintain valid H-1B status.
• What if my extension is denied? You may need to leave the United States 🇺🇸 or look for other visa options. It is important to speak with an immigration attorney right away.

Conclusion

The H-1B 7th Year Extensions under the American Competitiveness in the Twenty-First Century Act remain a critical option for thousands of skilled workers waiting for green cards in the United States 🇺🇸. The process has not changed in 2025, but it requires careful planning, timely filing, and close attention to visa bulletin updates. As reported by VisaVerge.com, these extensions are a lifeline for many professionals and their families, especially those from countries with long green card waits. While the broader H-1B program continues to evolve, the core rules for 7th Year Extensions are stable for now. For the most up-to-date information, always check official government resources and seek legal advice when needed.

Learn Today

H-1B → A U.S. visa allowing skilled foreign workers employment for up to six years, extendable under AC21.
I-140 → Employment-based immigrant petition approval required for H-1B extension beyond six years under AC21.
PERM → Labor certification process for employment-based green card applicants, prerequisite for certain H-1B extensions.
Priority Date → The applicant’s place in the green card queue, determining eligibility to apply for permanent residency.
Form I-129 → USCIS petition used by employers to request or extend nonimmigrant worker statuses like H-1B.

This Article in a Nutshell

H-1B 7th Year Extensions remain unchanged in 2025, providing essential legal status continuation for skilled workers stuck in green card backlogs under AC21 rules.
— By VisaVerge.com