Extension of H-1B/ H-4 Status beyond 6 years
Initially, an H-1B visa is issued for a period of 3 years. It is possible to extend the visa by another 3 years by filing an extension of status. Please note that time previously spend in L status is also counted towards the maximum 6 year period.
After the 6 year stay, individuals must depart from the U.S. for at least one year before they can qualify again for H-1B status for another 6-year period.
Under certain circumstances, the H-1B visa can be extended beyond the 6 years.
H-1B status holders can extend their stay beyond the six-year limit in the following two situations:
- A Labor Certification (PERM) application or an I-140 petition was filed 365 days before the expiration of the six-year limit and either one of those petitions is still pending. In such a case, the H-1B visa holder may extend his/her status in 1 year increments beyond the six-year limitation. There is no limit on the number of extensions the H-1B visa holder can file as long as Labor Certification or the I-140 is still pending.
- The foreign national has an approved I-140 petition but no immigrant visa numbers are available for him/her to adjust status to permanent resident. In this case, the H-1B visa holder may extend his/her status in three year intervals beyond the 6-year limitation until he/she can file for adjustment of status and their case is decided.
