H1B Visa Extensions Beyond the Six Year Limitation
The maximum duration for status as an H1B visa holder is six years. Any time spent in L status or other H status such as H2B or H4 visa status is included. Normally, a foreign national who wishes to hold H1B visa status beyond the six year maximum is prohibited unless he or she spends at least one year outside of the US before re-entering in H1B visa status. This six year limited does not apply in the following cases:
- The H1B visa holder is working on a certain US Department of Defense project; or
- Where the work is seasonal or intermittent or is in the US for less than six months out of the year.
There are three strategies which can be used to overcome the six year limitation.
- AC21 Extensions in One Year or Three Year Increments AC 21 104(a)
An H1B visa holder can extend their H1B visa status in one year or three year increments if a labor certification (PERM) or Form I-140 was filed at least 365 days prior to the submission of the extension request or at least one year prior to the completion of the 6th year. Additional extensions may be granted until a decision has been made on the I-485.
- AC21 Extension in Three Year Increments AC 21 106(c)
An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments.
- Recapturing Time Spent Outside the US
While this really won’t get you around the six year limit, it does allow an H1B holder to apply for an H1B extension and “recapture” days spent outside of the US. If the H1B visa holder was outside the US for 61 days in the 6 years they held H1B status, they can recapture those days in an H1B extension application.
In: AC21, H-1B Visa · Tagged with: AC21, H-1B Visa
on May 2, 2012 at 11:44 pm
Permalink
i am about to complete my H1B limit of 6 years, but i can recapture time for almost 21 months which i was out of US, apart from that i did not work for almost 3 month on H1B when i was in US i.e before i got my SSN and in between due to health reasons i was not able to work for 2 more months, can i recapture the time i did not work but was still in US. please let me know.
on July 22, 2014 at 1:10 pm
Permalink
I m dr md 6yrs on h1b, my NIW EB2 I140 approved priority date sept 27 2014
what to do?
Email drckc82@yahoo.com