Are there any situations in which I may extend my H-1B status beyond 6 years?
The general rule is that H-1B status may be granted for a maximum period of 6 years. Typically, an individual who has reached 6 years must depart the U.S. at the end of the 6th year. If an individual leaves the country and stays outside the U.S. for one year or more, he/she is eligible to apply for another 6 years in H-1B status, but will be subject to the annual cap (quota).
There are two exceptions that allow an individual to remain in the U.S. beyond the 6-year maximum without having to return home. First, H-1B status may be extended beyond 6 years if a labor certification application (also known as, a PERM application), an I-140 immigrant petition, or an adjustment of status application was filed on the H-1B holder’s behalf at least 365 days prior to the expiration of his/her current H-1B status, and the case is still pending.
Under this exception, H-1B status may be extended in 1-year increments until there is a decision on the application or petition. Second, H-1B status may be extended beyond 6 years for any person who is the beneficiary of a first, second, or third employment-based petition, who, due to per country limitations (i.e. availability of a visa) is unable to file for or obtain immigrant status. For this exception to apply, the individual must have an approved I-140 immigrant petition.
Under this exception, H-1B status may be extended in 3-year increments until a visa number is available and there is a decision on the adjustment of status (“green card”) application.
If you require the assistance of an immigration attorney with questions regarding your H-1B status and eligibility for extensions, please don’t hesitate to contact our office.
Tags: 6-year maximum, AC21, employment-based green card, h-1b extension
