What Is the Maximum Stay on an H-1B Visa Job?

The maximum duration of stay in the U.S. on an H-1B visa is typically six years. This period is divided into an initial period of up to three years, which can be extended for an additional three years. Here's a detailed breakdown:

Initial Approval Period

• Initial Period: Up to 3 years.

Extension Period

• Extension: Up to 3 additional years, making a total of 6 years.

Beyond Six Years

Under certain circumstances, it is possible to extend the H-1B status beyond the six-year limit:

1. Pending Green Card Process (AC21):

o Per the American Competitiveness in the 21st Century Act (AC21), H-1B holders who have begun the process of applying for permanent residence (green card) may be eligible for extensions beyond the six-year limit.

o 1-year increments: If a labor certification application (PERM) or an I-140 petition for an immigrant worker has been filed and is pending for at least 365 days.

o 3-year increments: If the I-140 petition is approved but the beneficiary is unable to file the I-485 Adjustment of Status application due to per-country visa number limitations.

Transition to Other Visa Types or Status

If the H-1B holder reaches the six-year maximum and does not qualify for an extension under AC21, they must:

• Leave the U.S.: The individual must leave the U.S. for at least one year before being eligible to apply for a new H-1B visa.

• Switch to Another Visa Category: Transition to a different non-immigrant visa category if eligible (e.g., L-1, F-1).

• Apply for Permanent Residency: Continue the process of obtaining a green card if already in progress.

Key Points to Remember:

• Employer-Specific: H-1B visa holders can only work for the employer who sponsored their visa. If they change employers, the new employer must file an H-1B transfer petition.

• Maintaining Status: The H-1B holder must continue to meet the requirements of the visa, including working in the specialty occupation for the sponsoring employer.

Steps to Extend H-1B Visa:

1. Employer Petition: The employer must file Form I-129, Petition for a Nonimmigrant Worker, to request an extension.

2. Supporting Documents: Provide supporting documentation including evidence of continued employment and compliance with H-1B requirements.

3. USCIS Decision: Wait for the United States Citizenship and Immigration Services (USCIS) to approve the extension.

By understanding these rules and planning accordingly, H-1B visa holders can manage their stay in the U.S. and explore pathways to extend their visa or transition to permanent residency.