How TCS, Infosys, and Cognizant Handle H-1B Extensions, Bench Time, and Travel
TCS, Infosys, and Cognizant sponsor H-1B at scale, but their staffing model changes how extensions, bench time, and travel actually work.

You are staffed at a client site through TCS, Infosys, or Cognizant, and three questions keep circling back: when does your H-1B need to be extended, what happens to your status if the project ends and you are between assignments, and can you actually go home to visit family without jeopardizing your case. All three questions have real, different answers at a staffing-model employer than they do at a product company, because your work location and project cadence are built into how the immigration process runs.
This post covers the mechanics specific to the Indian IT consulting model — extension timing, bench-time pay rules, and what changed for visa stamping in late 2025. For the broader picture on whether one of these firms is the right move at all, see our reality check on Indian IT H-1B sponsorship and our full guide to evaluating a TCS, Infosys, or Cognizant offer.
How H-1B extensions work in a staffing model
An H-1B extension is a new Form I-129 petition filed by your employer before your current H-1B period expires — it does not send you back into the annual cap lottery, because you were already counted the first time you were selected. Standard H-1B validity runs up to three years at a time, with a six-year total limit across your career unless you qualify for an exception.
At TCS, Infosys, or Cognizant, the extension petition typically has to reflect your current client engagement: the worksite, the job duties, and sometimes the wage level tied to that specific project. If your assignment changed since the last filing — new client, new location, meaningfully different duties — the extension may need to be filed as an amendment rather than a straight extension, per the Matter of Simeio Solutions standard that governs material changes in worksite or role. That is a detail direct-hire employees rarely have to think about, but it comes up constantly in the consulting model because project reassignment is normal business.
An extension keeps you with the same employer. If you are instead weighing a move to a direct-hire company altogether, that is a different filing with different timing mechanics — see our H-1B transfer playbook for how a change of employer compares to an in-place extension.
Extensions past six years
If you are approaching your six-year H-1B limit, an extension beyond that point requires one of two things under AC21:
- An approved I-140 immigrant petition (AC21 §104(c)), which can support three-year extensions until you can file to adjust status, or
- A PERM labor certification pending 365 days or more (AC21 §106(a)-(b)), which supports one-year extensions at a time.
Because India-born applicants in the EB-2 and EB-3 categories face long backlogs, six-year-plus extensions are common at high-volume Indian IT sponsors — many employees are extended year after year on a pending or approved I-140 long before a green card becomes available. If this applies to you, our guide to extending past six years on an approved I-140 walks through the mechanics in more detail.
Premium processing
Premium processing lets you pay a fee for a guaranteed 15-business-day adjudication window (approval, denial, or a Request for Evidence) instead of waiting on standard processing, which has run considerably longer at some service centers in 2026. Ask your employer's immigration team early whether they file extensions on premium processing as a default or only when a deadline is tight — practices vary by firm and by how close you are to running out of remaining status.
Bench time — what it actually means for your status
"Bench time" is the period between client assignments when a staffing employer has no billable project to place you on. It is a normal part of the consulting business model, but it intersects directly with H-1B compliance rules that were not written with staffing arrangements in mind.
The core legal point: under Department of Labor regulations at 20 CFR 655.731, an H-1B employer must pay the wage listed on the certified LCA for nonproductive time caused by a lack of assigned work — including time between projects. That is different from nonproductive time you cause yourself (a personal leave, for example), which the employer is not obligated to pay. In practice, this means a well-run staffing employer keeps paying your LCA wage while you are between client sites, even without billable hours.
| Bench scenario | Employer's general obligation | What to watch for |
|---|---|---|
| Waiting for a new client assignment | Continue paying the certified LCA wage | Any gap in pay tied to lack of work, not your own request |
| Reduced hours on an existing project | Wage should still meet the LCA rate | Hourly cuts that drop you below the certified wage |
| Extended bench with no assignment in sight | Same pay obligation continues | Employer pressure to take unpaid leave or resign |
| Bench during a pending extension filing | Petition should reflect actual, current duties | A petition describing work you are not actually doing |
An extended, unexplained bench period can also complicate a pending extension or amendment, because USCIS wants to see specialty-occupation duties actually being performed, not just an approved LCA sitting idle. If your pay stops or drops during bench time, that is a wage-and-hour issue you can raise with your employer directly or, if it is not resolved, with the DOL Wage and Hour Division — and it is worth a conversation with an immigration attorney before you agree to any unpaid arrangement, since it can also affect your standing on a pending petition.
Travel and visa stamping — what changed in late 2025
This is the part of the staffing model that shifted the most recently, and it catches people off guard because the old process is still what most people remember.
The H-1B dropbox, formally the interview waiver program, ended on October 1, 2025. Before that date, many H-1B holders renewing a stamp with the same employer and same role could skip the in-person interview and simply drop off their documents. As of now, every H-1B stamping appointment requires an in-person interview at a US consulate — including a routine, same-employer renewal with no change in job duties. There is no dropbox shortcut left for this category.
This matters more for consulting-model employees than for most direct hires, for a simple reason: staffing arrangements often involve more frequent travel between client sites, onsite visits, and trips home, so more employees end up needing a fresh stamp at some point in their tenure. With interview waivers gone, that means more people booking consulate appointments, more people navigating wait times that vary widely by post, and more people planning trips around interview availability rather than assuming a quick paperwork drop-off.
A few practical points that follow from this change:
- You generally need to apply for a new stamp in your country of nationality or usual residence — third-country stamping is not a routine fallback.
- Interview wait times vary significantly by consulate and change over time, so check current appointment availability before you commit to travel dates.
- If your extension or amendment is still pending when you plan to travel, re-entry can be more complicated than if your petition is already approved. See our guide on traveling while a petition is pending and our breakdown of what the interview waiver program was and why it ended for more on how this affects trip timing.
- If you need to hold a second H-1B or bridge a gap around a layoff or a project ending while you travel, our guide to concurrent H-1B status during extensions, travel, or layoffs covers the mechanics.
None of this means you cannot travel — it means the planning window is longer than it used to be, and the decision of when it is safe to leave the country depends on your specific petition status. Do not treat a colleague's experience as a template for your own case.
A realistic timeline for a staffing-model H-1B extension
- 90-120 days before expiration: Your immigration team should flag the upcoming extension and confirm your current worksite and duties match what was last filed.
- 60-90 days out: Employer decides whether the case needs to be filed as a straight extension or an amendment, based on whether your client assignment changed materially.
- 45-60 days out: LCA is filed and certified with the Department of Labor (this step has its own short processing window before the I-129 can be filed).
- 30-45 days out: I-129 extension petition is filed with USCIS, on standard or premium processing depending on how tight the runway is.
- Filing to decision: Premium processing guarantees action within 15 business days of acceptance; standard processing timing depends on the service center handling your case.
- After approval: If you also need a new visa stamp for travel, book your consulate interview as early as your case allows — there is no waiver option left to fall back on.
If any of these dates are already close, do not wait on your employer to raise it — ask directly what stage your extension is at and whether premium processing is being used.
Common mistakes
- Assuming bench time is automatically unpaid. DOL rules generally require continued pay for nonproductive time caused by lack of work; an unpaid bench arrangement is worth questioning, not accepting as normal.
- Booking international travel without checking petition status first. With the dropbox gone, a same-employer renewal now takes real appointment planning, not a same-week document drop-off.
- Not flagging a client-site change to your immigration team. A materially different worksite or role can require an amendment, not just an extension — and filing the wrong one creates its own risk.
- Treating "they sponsor H-1B" as the whole story. Sponsorship volume tells you a firm files petitions; it does not tell you your wage level, your extension timeline, or how your specific bench periods will be handled.
- Skipping premium processing on a tight runway. If your extension timeline is close to your current status expiration, the 15-business-day guarantee is often worth the fee compared to an open-ended standard-processing wait.
Frequently asked questions
Does a TCS, Infosys, or Cognizant H-1B extension require a new lottery entry? No. An extension is filed on Form I-129 for someone already holding H-1B status and does not go through the annual cap lottery. Extensions past the standard six-year limit require an approved I-140 or a PERM labor certification that has been pending 365 days or more, under AC21 sections 104(c) and 106(a)-(b).
Can TCS, Infosys, or Cognizant legally bench you without pay? Generally no. Department of Labor rules under 20 CFR 655.731 require the employer to pay you the LCA-specified wage for nonproductive time caused by a lack of assigned work, such as waiting between client projects. Unpaid bench time tied to lack of work is a wage-and-hour issue you can raise with your employer or, if unresolved, the DOL Wage and Hour Division.
Do I need a visa interview to renew my H-1B stamp if I stay at the same employer? Yes. The H-1B dropbox, or interview waiver, program ended on October 1, 2025. Every H-1B stamping appointment, including a same-employer renewal, now requires an in-person interview at a US consulate, generally in your country of nationality or usual residence.
How long does an H-1B extension take at an IT staffing or consulting firm? Processing time depends on the service center handling the petition and whether premium processing is used. Premium processing on Form I-129 guarantees adjudicative action within 15 business days for a fee, while standard processing has run several months at some service centers in 2026. Ask your employer's immigration team which track they are using for your case and confirm the current times on the USCIS processing times page.
Is it safe to travel abroad while my H-1B extension is pending? It depends on your specific facts, including whether your extension is a straightforward continuation or involves a client-site or role change, and whether you would need a new visa stamp to re-enter. This is a case-by-case immigration decision, not a general rule, so confirm your plan with your employer's immigration counsel before booking travel.
None of this is a reason to avoid Indian IT sponsorship outright — it is a reason to ask sharper questions about how your specific employer handles extensions, pay during bench periods, and travel timing before you assume the process will run itself. If you want help thinking through where your situation stands, F1Jobs can walk through it with you.
Frequently asked questions
Does a TCS, Infosys, or Cognizant H-1B extension require a new lottery entry
No. An extension is filed on Form I-129 for someone already holding H-1B status and does not go through the annual cap lottery. Extensions past the standard six-year limit require an approved I-140 or a PERM labor certification that has been pending 365 days or more, under AC21 sections 104(c) and 106(a)-(b).
Can TCS, Infosys, or Cognizant legally bench you without pay
Generally no. Department of Labor rules under 20 CFR 655.731 require the employer to pay you the LCA-specified wage for nonproductive time caused by a lack of assigned work, such as waiting between client projects. Unpaid bench time tied to lack of work is a wage-and-hour issue you can raise with your employer or, if unresolved, the DOL Wage and Hour Division.
Do I need a visa interview to renew my H-1B stamp if I stay at the same employer
Yes. The H-1B dropbox, or interview waiver, program ended on October 1, 2025. Every H-1B stamping appointment, including a same-employer renewal, now requires an in-person interview at a US consulate, generally in your country of nationality or usual residence.
How long does an H-1B extension take at an IT staffing or consulting firm
Processing time depends on the service center handling the petition and whether premium processing is used. Premium processing on Form I-129 guarantees adjudicative action within 15 business days for a fee, while standard processing has run several months at some service centers in 2026. Ask your employer's immigration team which track they are using for your case and confirm the current times on the USCIS processing times page.
Is it safe to travel abroad while my H-1B extension is pending
It depends on your specific facts, including whether your extension is a straightforward continuation or involves a client-site or role change, and whether you would need a new visa stamp to re-enter. This is a case-by-case immigration decision, not a general rule, so confirm your plan with your employer's immigration counsel before booking travel.