H-1B Salary Amendments vs Extensions: When to File and Why

When your job changes or your current H‑1B period is ending, you and your employer have to decide between filing an H‑1B amendment or an H‑1B extension. The choice depends on one key question: Has there been a material change in the terms or conditions of employment?

If yes, your employer usually needs to file an H‑1B amendment. If no, and you simply want to keep working in the same role for longer, your employer files an H‑1B extension. Getting this wrong can put your status at risk, so it helps to walk through the process step by step.

According to analysis by VisaVerge.com, the most common problems happen when an employer changes job duties, worksite, or salary, but delays filing an amendment.

Step 1: Check for a “material change” in your job

USCIS uses the phrase material change in the terms or conditions of employment for changes that would have mattered to the officer who first approved the petition.

Your employer should ask:

• Have the core job duties changed in a real way, not just small day‑to‑day differences?
• Has the job title changed to reflect higher or different level work?
• Has the salary gone up by more than about 20%, or dropped by any real amount?
• Has the work location changed to a new city or area not covered by the old Labor Condition Application (LCA)?
• Have the hours changed from full‑time to part‑time, or the other way around?

If the answer is “yes” to any of these, that usually means a material change in the terms or conditions of employment, and the employer should plan for an H‑1B amendment instead of only waiting for the next extension.

If none of these apply, and the job is basically the same, you’re more likely in normal H‑1B extension territory.

Key takeaway: If duties, title, salary (≈20% change), location, or hours change in a meaningful way, treat it as a material change and prepare for an amendment.

Step 2: Timeline planning for amendments vs. extensions

Timing for an H‑1B amendment

For an amendment, timing is strict:

• The employer must file the H‑1B amendment before the change takes effect.
• That means before you start the new title, move to the new office area, or switch to part‑time.
• USCIS processing times for an amendment are often 100 to 150 days, but employers may choose premium processing for faster action.

You can usually start the new job conditions after the amendment is properly filed and the receipt notice is issued, even while it’s still pending, as long as the change is covered by the new petition.

Timing for an H‑1B extension

For an extension, the timeline is more flexible:

• An employer can file an H‑1B extension up to 6 months before your H‑1B status expires.
• Extensions are usually granted in chunks that keep you within the general 6‑year H‑1B limit, unless you have a green card process underway that allows time beyond 6 years.
• If the extension is filed on time by the same employer for the same job, you often have automatic work authorization for up to 240 days after your current H‑1B expires while the case is pending.

The main risk is waiting too long. If your employer files late and your status expires, you may have to stop work and could fall out of status.

Step 3: LCA and paperwork for each type of filing

Both an amendment and an extension start with the same key building blocks:

1. Update the Labor Condition Application (LCA)
   • For both an H‑1B amendment and an H‑1B extension, the employer must have a current LCA that matches:
     • Job title and duties
     • Work location(s)
     • Wage level and actual salary
   • The LCA must be posted at the worksite and kept in the public access file.
2. Prepare and file Form I‑129 with USCIS
   • The employer files Form I‑129, Petition for a Nonimmigrant Worker.
   • For an amendment, the form and support explain the new terms and show that the job still meets specialty occupation and wage rules.
   • For an extension, the form shows that the job is continuing under the same conditions and that past H‑1B terms were followed.

Full background on the H‑1B program is on the official USCIS page for H‑1B Specialty Occupations.

If you change employers, this is not an amendment or simple extension. The new company must file a new H‑1B petition (often called a “transfer”), again with a fresh LCA and Form I‑129.

Step 4: What happens after filing

After an H‑1B amendment is filed

• USCIS issues a receipt notice with a case number.
• If the change is covered by the filing and the petition is filed before the change date, you can usually move into the new role or location while the case is pending.
• Normal processing can take 100–150 days. With premium processing, USCIS gives a response in 15 calendar days, which may be approval, denial, or a request for more evidence.

During this time, keep:

• A copy of the receipt notice
• The new LCA posting details
• Any new worksite address and start date

If the amendment is approved, the new terms become the official basis of your H‑1B status. If it is denied, you may need to return to the old job terms (if still in place and covered by a valid petition) or stop work and plan next steps with counsel.

After an H‑1B extension is filed

• For a timely extension with no material change, you can keep working for the same employer in the same job beyond the old end date, based on the pending extension, for up to 240 days in many cases.
• Once approved, you receive a new approval notice and I‑94 end date.
• If the extension is denied after the old I‑94 is already past, you usually must stop work at once and make exit or change‑of‑status plans quickly.

Because the extension assumes no material change in the terms or conditions of employment, USCIS may pay extra attention if the job description, wage, or worksite look very different from the old petition.

Practical examples to guide your choice

• Example 1: Big promotion with new duties and 25% raise
  You move from “Software Developer” to “Senior Software Architect,” lead a team, and get a 25% salary increase. This is more than a routine yearly raise and changes your main duties.
  • Action: Employer should file an H‑1B amendment before the promotion starts. When your current H‑1B period later nears its end, they file an H‑1B extension based on the already‑approved amended role.
• Example 2: Same job, normal yearly raise, same office
  Your title and duties stay the same, and you get a 3% annual salary increase written in your contract.
  • Action: No amendment is usually needed, because there is no real material change. As your H‑1B end date approaches, the employer files an H‑1B extension only.
• Example 3: Permanent move to another city in a different metro area
  Your employer moves you from one city to another area not covered by the original LCA.
  • Action: Employer must get a new LCA and file an H‑1B amendment before you move. Later, they can file an extension on top of that amendment if you stay in the new location.

What employers and workers should watch for

For employers:

• Track job changes for all H‑1B workers and flag them early.
• Plan for filing an H‑1B amendment well before changing duties, location, or hours.
• File H‑1B extensions up to 6 months before expiry to avoid last‑minute pressure.

For workers:

• Tell HR or your manager if you see real changes in your role, place of work, or hours.
• Ask whether an amendment will be filed before big changes happen.
• Keep copies of all approval notices and LCAs tied to your current job terms.

Careful planning around amendments and extensions helps protect your H‑1B status and keeps both you and your employer in full compliance with the United States immigration rules.