Although the maximum period of stay for an H-1B Visa is 6 years, one of the main advantages of the H-1B Visa is “immigrant intent.” H-1B Visa holders may have the intent to remain permanently in the United States, and therefore have the option of filing for permanent residency, or a green card.
If an H-1B Visa holder applies for a change of status or permanent residency before the beginning of their sixth year, they can renew their H-1B Visa perpetually, or until they receive a decision on their permanent residency petition. This is done by filing Form I-539 in a timely manner with proper supporting evidence.
Additional Outside Resources
- USCIS: Change My Nonimmigrant Status
- USCIS: Extend My Nonimmigrant Stay
- USCIS: I-539, Application to Extend/Change Nonimmigrant Status
We Can Help!
Don’t know where to start? Contact Richards and Jurusik for help with your H-1B Visas and Green Cards.